G.R. NO. 173491 - EDWIN CABILA, VS. PEOPLE OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Ruling

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. Accused is likewise ordered to pay the private complainant [AAA] the amount of P30,000.00 as moral damages. [11] (Emphasis supplied) In affirming the trial courts decision, the Court of Appeals declared: 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 complainants 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 courts 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 . 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 , Tha t 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 wh