G.R. No. 203785 - PEDRITO VALENZONA, VS. PEOPLE OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, petitioner is sentenced to an indeterminate penalty of twelve (12) years and one (1) day of reclusion temporal in its minimum period, as minimum to fifteen (15) years six (6) months and twenty (20) days of reclusion temporal in its medium period as maximum. It is worthy to emphasize that the nomenclature of the crime as ruled by the RTC and CA is still Acts of Lasciviousness under Article 336 of the RPC in relation to Section 5(b) of RA 7610. It is settled in the case of People v. Tulagan [52] ( Tulagan ) that when the crime of Acts of Lasciviousness is committed against a victim who is under 12 years old or is demented, the proper nomenclature of the crime is Acts of Lasciviousness under Article 336 of the RPC in relation to Section 5(b) of RA 7610. Here, evidence reveals that AAA was 11 years old [53] when the nine (9) counts of Acts of Lasciviousness were committed against her. Hence, the RTC and the CA correctly convicted petitioner of Acts of Lasciviousness under Article 336 of the RPC in relation to Section 5(b) of RA 7610. Lastly, the award of civil indemnity, moral damages, and exemplary damages in favor of AAA, should be increased to P50,000.00 each in view of the recent pronouncement in Tulagan . [54] Likewise, a fme in the amount of P15,000.00 is imposed. [55] Additionally, all the monetary awards shall earn a legal interest of 6% per annum from the date of the finality of this Decision until fully paid. [56] The award of attorney's fees is deleted for want of legal and factual basis. WHEREFORE , the petition is DENIED . The Decision dated September 6, 2011 of the Court of Appeals in CA-G.R. CR No. 01262 is AFFIRMED with the following MODIFICATIONS : (a) petitioner is sentenced to suffer the indeterminate penalty of twelve (12) years and one (1) day of reclusion temporal in its minimum period, as minimum, to fifteen (15) years, six (6) months and twenty (20) days of reclusion temporal in its medium period, as maximum for each count of Acts of Lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5(b) of Republic Act No. 7610; (b) petitioner Pedrito Valenzona is hereby ORDERED to pay AAA P50,000.00 as civil indemnity, P50,000.00 as moral damages, P50,000.00 as exemplary damages, and P15,000.00 as a fine, for each count of Acts of Lasciviousness; (c) all the monetary awards shall earn a legal interest of 6% per annum from the date of the finality ofthis Decision until fully paid; (d) the award of attorney's fees is deleted for want of legal and factual basis; and (e) costs against petitioner Pedrito Valenzona. SO ORDERED.