Martines y Pelera v. People

SECOND DIVISION

[G.R. No. 223537. July 11, 2016.]

RICHARD MARTINES Y PELERA, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, Second Division, issued a Resolution dated 11 July 2016 which reads as follows:

"G.R. No. 223537 (Richard Martines y Pelera v. People of the Philippines). — We decide the appeal filed by petitioner Richard Martines y Pelera, from the August 28, 2015 decision 1 and the March 10, 2016 resolution 2 of the Court of Appeals (CA) in CA-G.R. CR No. 36364. The appealed decision and resolution affirmed the February 5, 2014 decision 3 of the Regional Trial Court (RTC), Branch 136, Makati City, finding the petitioner guilty beyond reasonable doubt of the crime of sexual abuse, and sentencing him to suffer the penalty of imprisonment of fifteen (15) years of reclusion temporal, as minimum, to twenty (20) years of reclusion temporal, as maximum.

The RTC Ruling

In its February 5, 2014 decision, the RTC convicted the petitioner of the crime of sexual abuse under Section 5 (b) of R.A. No. 7610 4 for touching the breasts and vagina of AAA, 5 a twelve year old minor, while she was sleeping in her room, against her will and without her consent. It held that the petitioner evidently used force and coercion in the commission of lascivious conduct against AAA, as shown by his act of resisting AAA's attempts to pry loose from him. 6

Accordingly, the RTC sentenced the petitioner to suffer the indeterminate penalty of imprisonment of fifteen (15) years of reclusion temporal, as minimum, to twenty (20) years of reclusion temporal, as maximum. It also ordered the petitioner to pay AAA P20,000.00 as moral damages.

The CA Decision

On appellate review, the CA affirmed the petitioner's conviction, but modified the award of damages as follows: 1) the moral damages was reduced to P15,000.00; and 2) the court ordered the petitioner to pay P20,000.00 as civil indemnity and P15,000.00 as fine. It likewise directed the petitioner to pay interest on all monetary awards for damages at the rate of 6% per annum from the date of finality of its decision until fully satisfied.

In affirming the RTC's February 5, 2014 decision, the CA held that: first, the elements of sexual abuse under Section 5 (b), Article III of R.A. No. 7610 were proven beyond reasonable doubt; second, the petitioner's acts of touching AAA's breasts and vagina are covered by the definition of lascivious conduct under R.A. No. 7610; and third, the single act of lascivious conduct committed against AAA is sexual abuse punishable under R.A. No. 7610; there is no need for an allegation that AAA was a victim of prior sexual abuse for R.A. No. 7610 to be applicable to the case.

The petitioner moved for reconsideration, but the CA denied his motion in a resolution dated March 10, 2016. Following the denial, the petitioner filed the present petition for review on certiorari before the Court on May 10, 2016.

The Court's Ruling

After due consideration, we resolve to affirm the petitioner's conviction, but modify the penalty and the awarded indemnities.

The elements of sexual abuse under Section 5 (b), Article III of R.A. 7610 are: 1) the accused commits the act of sexual intercourse or lascivious conduct; 7 2) the said act is performed with a child exploited in prostitution or subject to other sexual abuse; and 3) the child, whether male or female, is below 18 years of age. 8

The phrase "other sexual abuse" in Section 5 (b) covers not only a child who is abused for profit, but also one who engagesin lascivious conduct through the coercion or intimidation by an adult. 9 Thus, contrary to the petitioner's claim, there is no requirement that the child be subjected to other (or prior) sexual abuses before the offender could be penalized under R.A. No. 7610. cTDaEH

In the present case, the prosecution duly established the elements of sexual abuse, considering that: first, AAA positively identified the petitioner as the person who touched her breasts and vagina while she was sleeping in her room, which acts are considered as lascivious conduct under R.A. No. 7610; second, the petitioner used force or coercion to consummate his lascivious design which AAA clearly resisted by trying to squirm away from him, and when that failed, by calling out for help; and third, AAA was only twelve years old when the lascivious conduct was committed against her.

Finally, there is no merit in the petitioner's assertions that he was only being framed by AAA's grandfather, as this bare denial cannot prevail over AAA's direct, positive, and categorical testimony regarding the sexual abuse. 10

The Penalties

The penalty for sexual abuse under Section 5 (b), Article III of R.A. No. 7610 is reclusion temporal in its medium period to reclusion perpetua. Considering that no aggravating or mitigating circumstance is present, the penalty should be imposed in its medium period. 11 Applying the Indeterminate Sentence Law, the petitioner should be sentenced to an indeterminate penalty of prision mayor in its medium period to reclusion temporal in its minimum period (eight [8] years and one [1] day to fourteen [14] years and eight [8] months), as minimum, and reclusion temporal in its medium period to reclusion perpetua in its medium period (seventeen [17] years, four [4] months and one [1] day to twenty [20] years), as maximum. 12

As for the award of damages, we deem it proper to award exemplary damages in the amount of P15,000.00 in accordance to prevailing jurisprudence. 13

WHEREFORE, premises considered, we AFFIRM the August 28, 2015 decision and the March 10, 2016 resolution of the Court of Appeals in CA-G.R. CR No. 36364, finding petitioner Richard Martines y Pelera guilty beyond reasonable doubt of the crime of sexual abuse under Section 5 (b), Article III of R.A. No. 7610, with the following MODIFICATIONS:

(a) petitioner Richard Martines y Pelera is sentenced to suffer the indeterminate penalty of eight (8) years and one (1) day of prision mayor, as minimum, to seventeen (17) years, four (4) months and one (1) day of reclusion temporal, as maximum; and,

(b) petitioner Richard Martines y Pelera is ordered to pay AAA the amount of P15,000.00 as exemplary damages.

Costs against the petitioner.

SO ORDERED.''

Very truly yours,

 

MA. LOURDES C. PERFECTODivision Clerk of Court

By:

(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court

* Mendoza, J., on official leave.

Footnotes

1. Rollo, pp. 54-66; penned by Associate Justice Normandie B. Pizarro, and concurred in by Associate Justices Samuel H. Gaerlan and Ma. Luisa C. Quijano-Padilla.

2. Id. at 79-80.

3. Id. at 35-39.

4. Also known as the "Special Protection of Children against Abuse, Exploitation, and Discrimination Act."

5. Per People v. Cabalquinto, 533 Phil. 703 (2006), the real name of the victim shall be withheld in all cases involving violence against women and their children, and the Court shall use fictitious initials instead to represent her. In addition, the personal circumstances of the victim or any other information tending to establish or compromise her identity, as well those of their immediate family or household members, shall not be disclosed.

6. Supra note 1, at 38.

7. Lascivious conduct is defined as a crime committed through the intentional touching, either directly or through the clothing of the genitalia, anus, groin, breast, inner thigh or buttocks with the intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, among others. See Section 2 (h) of the Implementing Rules and Regulations of R.A. No. 7610.

8. People v. Abello, G.R. No. 151952, March 25, 2009, 582 SCRA 378, 394.

9. Id. at 395, citing Olivarez v. Court of Appeals, G.R. No. 163866, July 29, 2005, 465 SCRA 465, 474-475.

10. See People v. Corpuz, G.R. No. 191068, July 17, 2013, 701 SCRA 493, 502.

11. See REVISED PENAL CODE, Article 64.

12. See People v. Barcela, G.R. No. 208760, April 23, 2014, 723 SCRA 647, 671.

13. Id.