G.R. No. 262941 - PEOPLE OF THE PHILIPPINES, VS. YYY, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the operatives charged YYY with violation of Sections 4(a), (b), and (c) of Republic Act No. 9775, [10] in relation to Section 16 of the same law and Section 4(c)(2) of Republic Act No. 10175 [11] before the RTC docketed as Criminal Case No. R-ANG-18-01897-CR. [12] The Information reads: That on or a st 2016 or sometime prior hereto, in the municipality of xxxxxxxxxxx , Pampanga, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, did then and there willfully, unlawfully and knowingly use, persuade, induce and order her own niece, minor AAA (6 years old), to get naked and to show her breast and vagina in front of a computer with a male customer, for the purpose of prostitution, pornography and other forms of sexual exploitation for money, profit or any other consideration, to the damage and prejudice of said minor. That the offense was attended by the qualifying circumstances of minority, complainant AAA, being 6 years of age, that it was committed through the use of a computer system and that the offender is a guardian or a person who exercises authority over the trafficked person the above-named accused being the minor's aunt. CONTRARY TO LAW. [13] YYY pleaded not guilty and denied the accusation. YYY claimed that police officers and a DSWD social worker barged in her house on August 16, 2016 and forcibly took the three children from her custody. Thereafter, the operatives fabricated charges of child pornography and cybercrime offenses against her. [14] On July 9, 2020, the RTC convicted YYY of child pornography qualified with the use of a computer system. The RTC gave credence to the veracity of AAA's testimony and the admissibility of seized contrabands, and rejected YYY's defense of denial: [15] Indeed, accused YYY ordered AAA to take off her clothes and stand naked in front of the computer. Then, the accused demanded AAA to show her breasts in front of the computer. On the computer monitor, AAA saw an old man watching. The old man was speaking in English[.] Aside from making AAA stand naked and making her show her breasts and vagina, accused YYY took a video of her. When AAA was sitting down, the accused instructed her to touch her vagina. Accused YYY took a video of AAA while she was instructing her to touch her vagina. Accused YYY made the video of AAA touching her vagina twice[.] . . . . Child pornography is a detestable act that every society must seek to eliminate. The offenses involve sexual gratification at the expense of children, the supposed future shapers of our country. These offenses become worse when committed by parents, guardians and custodians of the victims, who are annihilating their very own blood[.] In the face of the foregoing, there is moral certainty of the guilt of the accused for Violation of Sections 4(a), (b) and (c) of R.A. No. 9775 or the Anti-Child Pornography Act of 2009[.] . . . . Child pornography is a form of child sexual exploitation. . . The production