G.R. No. 262376 - PEOPLE OF THE PHILIPPINES, VS. XXX262376 AND YYY262376,* ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, based on the foregoing evidence, findings, discussions, and pertinent laws: 1) On Qualified Trafficking in Persons under Section 4(e) in relation to Sections 6(a) and (d) and Section 10(c) of R.A. 9208 (Crim. Case No. R-11-06466-CRmv) , the Court finds the accused [XXX262376] and [YYY262376] guilty beyond reasonable doubt and hereby sentences them to life imprisonment and a fine of Two Million Pesos ([PHP] 2,000,000.00), without being eligible for parole under Act No. 4103 (Indeterminate Sentence Law) in accordance with Section 3 of Republic Act No. 9346. By way of civil liability, accused [XXX262376] and [YYY262376] are hereby ordered to solidarily pay [PHP] 500,000.00 to each of the minor victims, as moral damages under Paragraph 3, Article 2219 of the Civil Code of the Philippines , and [PHP] 500,000.00 to each of the minor victims as exemplary damages in order to deter others from committing the same heinous crime. 2) On Other Acts of Child Abuse for Violation of Section 10[a] of R.A. 7610 (Crim. Case No. R-LLP-11-06467-CR) , the Court finds the accused [XXX262376] and [YYY262376] guilty beyond reasonable doubt of "Other Acts of Child Abuse" by being responsible for circumstances prejudicial to their child's (EEE262376) development. Each of the accused is hereby imposed with the indeterminate penalty of 5 years of prision correccional as minimum up to twelve (12) years of prision mayor as the maximum. By way of civil liability, accused [XXX262376] and [YYY262376] are hereby ordered to solidarily pay the following sums: [PHP] 200,000.00 in favor of [EEE262376], as moral damages under Paragraph 3, Article 2219 of the Civil Code of the Philippines; and [PHP] 200,000.00 in favor of [EEE262376], as exemplary damages in order to deter others from committing the same shockingly lascivious crime. 3) On Using or inducing a child to perform in the creation or production of child pornography in Violation of Section 4(a) of RA 9775 (Crim. Case No. R-11-06468-CRmv) and 4) On knowingly Permitting one's child to participate in child pornography in Violation of Section 4(g) of RA 9775 (Crim. Case No. R-11-06470-CRmv) , the Court hereby dismisses these 2 cases on the ground of double jeopardy with the conviction of both accused in Criminal Case No. RLLP-06466 for Qualified Trafficking in Persons under Section 4(e) in relation to Sections 6(a) and (d) and Section 10(c) of R.A. 9208 which necessarily included [he indispensable elements of these 2 cases; and 5) On Offering, transmitting, and broadcasting any form of child pornography in Violation of Section 4(c) of RA 9775 (Crim. Case No. R-11-06469-CRmv) , the Court finds the accused [XXX262376] and [YYY262376] guilty beyond reasonable doubt. Each of the accused is hereby sentenced to an indeterminate penalty of 12 years of prision mayor as minimum up to 20 years of reclusion temporal as maximum. By way of civil liability, accused are hereby ordered to solidarily pay the following: Moral damages in t