XXX v. People

SECOND DIVISION

[G.R. No. 258377. April 27, 2022.]

XXX, 1petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, Second Division, issued a Resolution dated27 April 2022which reads as follows:

"G.R. No. 258377 (XXXv. People of the Philippines). — The Court resolves to DENY the petition for review on certiorari for failure to sufficiently show any reversible error in the assailed judgment as to warrant the exercise of this Court's discretionary appellate jurisdiction in this case pursuant to Section 6, Rule 45 of the Rules of Court.

Since the accused-appellant in this case touched the vagina of the victim, the same constitutes as Acts of Lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5 (b) of Republic Act No. 7610. Accordingly, the CA properly modified the nomenclature of the crime to Statutory Acts of Lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5 (b) of Republic Act No. 7610 as the victim was only three years of age when the crime was committed. 2

The penalty imposed by the RTC as affirmed by the CA, however, should be modified, in line with People v. Tulagan: 3

Applying the Indeterminate Sentence Law, the maximum term of the indeterminate penalty shall be that which could be properly imposed under the law, which is fifteen (15) years, six (6) months and twenty (20) days of reclusion temporal. On the other hand, the minimum term shall be within the range of the penalty next lower in degree, which is reclusion temporal in its minimum period, or twelve (12) years and one (1) day to fourteen (14) years and eight (8) months. Hence, Tulagan should be meted the indeterminate sentence of twelve (12) years, ten (10) months and twenty-one (21) days of reclusion temporal, as minimum, to fifteen (15) years, six (6) months and twenty (20) days of reclusion temporal, as maximum. 4

Nevertheless, the damages awarded by the Court of Appeals are also in accordance with Tulagan, but these should be subjected to the legal interest of six percent (6%) per annum from the finality of the Resolution until full payment, pursuant to Nacar v. Gallery Frames. 5

WHEREFORE, the petition is DENIED. The Decision dated October 26, 2020 and the Resolution dated November 26, 2021 of the Court of Appeals in CA-G.R. CR No. 41444 are hereby AFFIRMED with MODIFICATIONS, finding petitioner XXX GUILTY beyond reasonable doubt of Acts of Lasciviousness under Article 336 of the Revised Penal Code, in relation to Section 5 (b) of Republic Act No. 7610. Accordingly, he is sentenced to suffer the indeterminate penalty of imprisonment of twelve (12) years, ten (10) months and twenty-one (21) days of reclusion temporal, as minimum, to fifteen (15) years, six (6) months and twenty (20) days of reclusion temporal, as maximum, and to pay AAA 6 the amounts of P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 as exemplary damages, all with legal interest at the rate of six percent (6%) per annum from the finality of this Resolution until full payment.

SO ORDERED."(Perlas-Bernabe, S.A.J., on official leave; Hernando, J., Acting Chairperson per Special Order No. 2887 dated April 8, 2022)

By authority of the Court:

(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court

 

Footnotes

1. Initials were used to identify the accused-appellant pursuant to the Supreme Court Amended Administrative Circular No. 83-15 dated September 5, 2017 entitled "Protocols and Procedures in the Promulgation, Publication, and Posting on the Websites of Decisions, Final Resolutions, and Final Orders using Fictitious Names/Personal Circumstances."

2.People v. Tulagan, G.R. No. 227363, March 12, 2019.

3.Id.

4.Id.

5. G.R. No. 189871, August 13, 2013, 716 Phil. 267-283 (2013).

6. The real name of the victim is not found in the rollo.