G.R. No. 244570 - ERNESTO JOAQUIN Y ARQUILLO, VS. PEOPLE OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , the present appeal is hereby DENIED . The appealed Decision dated February 24, 2017 in CRIM. CASE NO. 1600-M-2014 is hereby AFFIRMED with modifications. As modified, the dispositive portion shall read as follows: "WHEREFORE, the accused Ernesto Joaquin y Arquillo is found GUILTY beyond reasonable doubt of the crime of Violation of Section 10 (a) of R.A. No. 7610 , and is hereby sentenced to suffer an indeterminate prison term of 4 years, 9 months and 11 days of prision correccional as minimum, to 6 years, 8 months and 1 day of prision mayor as maximum. Accused is also ordered to pay AAA moral damages in the amount of P50,000.00.00, plus interest thereon at the rate of six percent (6%) per annum computed from the finality of this Decision until fully paid, in accordance with prevailing jurisprudence. SO ORDERED . [5] (Emphasis in the original) Antecedents Joaquin was charged with violation of Section 10(a), Article VI of Republic Act No. (R.A.) 7610, entitled the Special Protection of Children Against Abuse, Exploitation and Discrimination Act, in an Information [6] dated April 7, 2014 that states: That on or about the 22 nd day of March, 2014, in the municipality of Sta Maria, province of Bulacan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, did then and there willfully, unlawfully and feloniously commit acts of abuse upon [AAA], a nine (9) year old minor, by kissing her and licking her breast, thus placing said minor complainant in conditions prejudicial to her normal growth and development. Contrary to law. [7] Joaquin was arraigned on May 13, 2014 [8] and pleaded not guilty. [9] During the pre-trial on June 13, 2014, the parties stipulated on the following matters: (1) the jurisdiction of the RTC; (2) the identity of Joaquin as the one charged in the information; and (3) the minority of AAA [10] who was born on March 1, 2005. [11] Respondent presented AAA and her 12-year old brother BBB [12] as its witnesses. AAA has difficulty expressing herself verbally because she was afflicted with meningitis when she was seven years old. [13] She is also suffering from epilepsy and is continuously taking medication for her seizure. [14] As such, she testified through gestures in response to questions asked in Filipino. [15] AAA testified that Joaquin licked her breast and vagina. [16] He would remove her shorts and upper garments whenever he did this. [17] AAA confirmed that Joaquin often did it whenever her parents were not around. She took offense so she told her mother about it. [18] BBB attested to AAA's accusations and testified that he saw her enter Joaquin's van, which was parked in front of the latter's house, at around 10:00 a.m. on March 22, 2014. BBB calls Joaquin " Tatay " as a sign of respect even though they are not related. BBB opened a window of the van and saw that AAA's upper garment was raised up to her chin. Joaquin was licking AAA's breast. When BBB opened the door of the van a