FIRST DIVISION
[G.R. No. 243467. April 8, 2019.]
ZZZ, 1petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated April 8, 2019which reads as follows:
"G.R. No. 243467 (ZZZ v. People of the Philippines) — The petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
After review of the records, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its April 24, 2018 Decision 2 and November 28, 2018 Resolution 3 in CA-G.R. CR No. 39231, as to warrant the exercise of the Court's appellate jurisdiction.
The courts a quo found the testimony of the child victim to be credible and straightforward, even without the corroborating testimonies of the other witnesses and the medical report. As we have ruled in a multitude of cases, the trial court judge is in the best position to make this determination as the judge was the one who personally heard the witnesses of both parties, as well as observed their demeanor and the manner in which they testified during trial. 4 Further, the same assessment was affirmed by the CA. Since there is no showing that the courts a quo misappreciated facts and evidence, and that they acted with grave abuse of discretion, this Court sees no reason to depart from their findings and conclusion.
However, to be consistent with the principles laid out in People v. Tulagan, 5 there is a need to modify the nomenclature of both of the crimes charged to "Lascivious Conduct under Section 5 (b), 6 Article III of Republic Act (R.A.) No. 7610" and the increase in the award of damages in the following manner: P50,000.00 as moral damages, P50,000.00 as civil indemnity and P50,000.00 as exemplary damages, all with interest at the legal rate of six percent (6%) per annum from the date of finality of this judgment until fully paid. Further, petitioner is liable to pay P15,000.00 for each charge as fine, pursuant to Sec. 31 (f), 7 Article XII of Republic Act No. 7610. Despite these modifications, the Court finds that the CA correctly imposed the penalties in both crimes, i.e., within the range of reclusion temporal in its medium period.
WHEREFORE, the April 24, 2018 Decision and the November 28, 2018 Resolution of the Court of Appeals in CA-G.R. CR No. 39231 are hereby AFFIRMED with MODIFICATIONS. Petitioner ZZZ is found: AIDSTE
1. GUILTY beyond reasonable doubt of Lascivious Conduct under Section 5 (b), Article III of Republic Act No. 7610 in Crim. Case No. 02-0100-2013. He is sentenced to suffer the indeterminate penalty 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 a FINE in the amount of P15,000.00 pursuant to Section 31 (f), Article XII of Republic Act No. 7610. Petitioner is ORDERED to pay the amount of P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 as exemplary damages, all with interest at the legal rate of six percent (6%) per annum from the date of finality of this judgment until fully paid.
2. GUILTY beyond reasonable doubt of Lascivious Conduct under Section 5 (b), Article III of Republic Act No. 7610 in Crim. Case No. 07-0543-2013, and is sentenced to suffer the indeterminate penalty 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 a FINE in the amount of P15,000.00 pursuant to Section 31 (f), Article XII of Republic Act No. 7610. Petitioner is ORDERED to pay the amount of P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 as exemplary damages, all with interest at the legal rate of six percent (6%) per annum from the date of finality of this judgment until fully paid.
SO ORDERED."Del Castillo, J., on official business. Jardeleza, J., on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. Pursuant to Amended Administrative Circular No. 83-2015 on "Protocols and Procedures in the Promulgation, Publication, and Posting on the Websites of Decisions, Final Resolutions, and Final Orders Using Fictitious Names/Personal Circumstances" which states that confidentiality of the identities of the parties, records, and court proceedings is mandated under Republic Act (R.A.) No. 7610 in cases of child abuse, exploitation, and discrimination, and Article 266-A of the Revised Penal Code. Also as decreed in People of the Philippines v. Cabalquinto, 533 Phil. 703 (2006), complainant's real name and those of the immediate family or household members, are withheld to effectuate the provisions of R.A. No. 7610 (Special Protection of Children against Child Abuse, Exploitation and Discrimination Act) and its implementing rules, R.A. No. 9262 (Anti-Violence against Women and Their Children Act of 2004) and its implementing rules, and A.M. No. 04-10-11-SC (Rule on Violence against Women and their Children).
2.Rollo, pp. 35-51; penned by Associate Justice Ramon Paul L. Hernando (now a Member of this Court), with Associate Justices Marlene B. Gonzales-Sison and Pedro B. Corales, concurring.
3.Id. at 53-54; penned by Associate Justice Marlene B. Gonzales-Sison, with Associate Justices Franchito N. Diamante and Pedro B. Corales, concurring.
4.People v. Bautista, 665 Phil. 815, 826 (2011).
5. G.R. No. 227363, March 12, 2019.
6.Section 5. Child Prostitution and Other Sexual Abuse. — Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:
xxx xxx xxx
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; x x x.
7.Section 31. Common Penal Provisions. —
xxx xxx xxx
(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the Department of Social Welfare and Development and disbursed for the rehabilitation of each child victim, or any immediate member of his family if the latter is the perpetrator of the offense.