563 Phil. 1020
CARPIO MORALES, J.:
That on or about the 7th day of August, 1998 at around 5:30 o’clock in the afternoon, in Sitio St. Joseph, Brgy. Namatacan, in the Municipality of San Narciso, Province of Zambales, Philippines and within the jurisdiction of this Honorable Court, the said accused, with lewd design, and by means of persuasion, enticement and coercion, did then and there willfully, unlawfully and feloniously commit lascivious conduct with one [AAA][3], a minor of eight (8) years old, by touching her private parts against her will and consent, to the damage and prejudice of the said [AAA].On arraignment, petitioner pleaded not guilty.[5]
CONTRARY TO LAW.[4] (Underscoring supplied)
DIAGNOSIS/FINDINGS:Hence, spawned the filing of the Information against petitioner.
-Linear erythema, 1 mm. hymenal area, 9:00 o’clock position.
-Hymen is intact.[9]
WHEREFORE, premises considered, this Court renders judgment finding accused EDWIN CABILA guilty beyond reasonable doubt of the crime of Violation of Secion 5(b), Article III of Republic [Act No.] 7610, otherwise known as the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act”, and he is hereby sentenced to suffer the indeterminate penalty of EIGHT (8) YEARS AND ONE (1) DAY of prision mayor as minimum to FIFTEEN (15) YEARS, SIX (6) MONTHS AND TWENTY (20) DAYS of reclusion temporal as maximum.In affirming the trial court’s decision, the Court of Appeals declared:
Accused is likewise ordered to pay the private complainant [AAA] the amount of P30,000.00 as moral damages.[11] (Emphasis supplied)
Unfortunately for the accused-appellant, his defense is a bare denial not established by clear and convincing evidence, thus undeserving of weight in law. It cannot prevail over the positive declarations of private complainant who in a simple and straightforward manner, convincingly and categorically identified accused-appellant as the person who touched her private parts. His suggestion that private complainant had a bumpy and an uneasy ride in his tricycle is not only difficult to believe but also preposterous. We cannot believe that a victim of private complainant’s age (barely 8 years old per her certificate of live birth, Exh. C) could concoct a tale of lasciviousness, allow her [sic] examination of private parts and undergo the expense of trouble, inconvenience, not to mention the trauma of a public trial if the same were not true. Her account of her horrible ordeal evinces sincerity and truthfulness.[12]Hence, the present petition for review anchored on the sole issue of:
WHETHER THE COURT OF APPEALS ERRED IN AFFIRMING THE DECISION OF THE REGIONAL TRIAL COURT FINDING THE PETITIONER GUILTY BEYOND REASONABLE DOUBT OF THE CRIME CHARGED.[13]The appellate court affirmed the trial court’s conviction of petitioner under Section 5(b), Article III of RA No. 7610, the pertinent portions of which section read:
SEC. 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.For an accused to be convicted of child abuse through lascivious conduct on a minor below 12 years of age, “the requisites for acts of lasciviousness under Article 336 of the RPC must be met in addition to the requisites for sexual abuse under Section 5 of Rep. Act No. 7610.”[14]
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following;
(a) x x x
(b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse: Provided, That when the victim 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 x (Emphasis and underscoring supplied)
(1) The accused commits the act of sexual intercourse or lascivious conduct;The earlier-quoted Information filed against petitioner did not allege the presence of the above-listed second element of Section 5, Article III of RA No. 7610 – that the act is performed with a child exploited in prostitution or subjected to other sexual abuse. In fact no attempt was made to prove that element, for it would have violated petitioner’s right to be informed of his constitutional right to be informed of the nature and cause of the accusation against him.[16]
(2) The said act is performed with a child exploited in prostitution or subjected to other sexual abuse; and
(3) The child, whether male or female, is below 18 years of age.[15] (Emphasis supplied)
(1) That the offender commits any act of lasciviousness or lewdness;Petitioner argues that the failure of the prosecution to present the physician who prepared the medico-legal report renders the report hearsay and violates his constitutional right to confront a witness testifying against him.
(2) That it is done under any of the following circumstances:(3) That the offended party is another person of either sex.[17]
- By using force or intimidation; or
- When the offended party is deprived of reason or otherwise unconscious; or
- When the offended party is under 12 years of age; and
In cases of acts of lasciviousness, the lone testimony of the offended party, if credible, is sufficient to establish the guilt of the accused. Such is the testimony of victims who are young, immature, and have no motive to falsely testify against the accused…[18]From a reading of the transcript of AAA’s testimony, she gave her account of the facts attendant to the case in a straightforward, candid, credible, and spontaneous manner. As stated early on, except for AAA’s claim that petitioner committed the acts complained of which he denied, petitioner either admitted or did not deny the other details of her account.