FIRST DIVISION
G.R. No. 246146, March 18, 2021
CICL XXX, CHILD IN CONFLICT WITH THE LAW, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
D E C I S I O N
PERALTA, C.J.:
This petition for review on certiorari challenges the September 27, 2018 Decision1 and the March 4, 2019 Resolution2 of the Court of Appeals (CA) in CA-G.R. CR No. 40165, which affirmed the June 2, 2017 Decision3 of the Regional Trial Court (RTC) of Quezon City, Branch 94, finding petitioner CICL XXX guilty beyond reasonable doubt of the crime of Acts of Lasciviousness.
That on or about the 30th day of August 2012, in Quezon City, Philippines, the above-named accused CICL XXX, 15 years of age, a minor, but acting with discernment, armed with an icepick, with force and intimidation and with lewd design, did then and there, willfully, unlawfully and feloniously commit acts of lasciviousness upon the person of one AAA4 15 years of age, a minor by then and there pointing an icepick at her and embracing and kissing her lips down to her neck and mashing both her breast all against her will and without her consent, to the damage and prejudice of the said offended party.Upon arraignment, CICL XXX pleaded not guilty to the charge. Thereafter, the case proceeded to trial.
CONTRARY TO LAW.5chanRoblesvirtualLawlibrary
At around 7:45 o'clock in the evening of 30 August 2012, private complainant AAA was inside the campus of the xxxxxxxxxxx. To her consternation, CICL XXX suddenly grabbed and pulled her towards a comer. He poked an icepick on the right side of her body and uttered: "Wag ka sisigaw." CICL XXX kissed AAA on the lips down to her neck while unbuttoning her blouse. He proceeded by taking off her sando and bra. Uncontented, he pulled down her panties and mashed her breasts. When a teacher passed by, CICL XXX ran away, giving AAA the chance to escape. She immediately went home. She was so afraid, but a week after the incident, she mustered courage and confessed her ordeal to a priest who encouraged her to report what happened to her. She informed her aunt, BBB, about what CICL XXX did to her. They reported the incident to the school authorities but referred the matter to the barangay office of xxxxxxxxxxx. In turn, they were told to proceed to the Women's Desk of the Batasan Hills Police Station.6chanRoblesvirtualLawlibraryControverting the prosecution's theory, the defense proffered its position, summarized by the CA as follows:chanroblesvirtualawlibrary
CICL XXX denied the accusations against him. On the date of the fateful incident, he was in school attending classes at xxxxxxxxxxx from 1:30 o'clock to 8:00 o'clock in the evening. From 6:45 o'clock to 8:00 o'clock in the evening, he was inside the classroom for his MAPEH class together with 50 other students. The dismissal time for the said class was 7:45 o'clock in the evening. She dismissed them, however, at 8:00 o'clock After dismissal and along with CCC, DDD and EEE, he immediately proceeded to their service vehicle. He arrived at home at 8:30 o'clock in the evening. He did not have any quarrel with or grudge against private complainant AAA or her family.7chanRoblesvirtualLawlibraryTo support its position, the defense presented CICL XXX, as well as his MAPEH teacher FFF, and classmates DDD and CCC.8 FFF testified that petitioner was seated in front of her during the MAPEH class on August 30, 2012, and that she dismissed the class at 7:45 p.m., while DDD and CCC corroborated the testimony of CICL XXX.9
WHEREFORE, premises considered, judgment is hereby rendered finding CICL XXX guilty beyond reasonable doubt of the crime of Acts of Lasciviousness and is hereby sentenced to suffer a straight penalty of twenty (20) days of arresto menor.CICL XXX filed an appeal before the CA, raising the sole ground that the prosecution's evidence is insufficient to prove his guilt beyond reasonable doubt.12
Accused is further ordered to pay private complainant AAA [P]20,000.00 as civil indemnity, [P]30,000.00 as moral damages and [P]2,000.00 as exemplary damages.
Considering that CICL XXX was a minor at the time of the commission of the offense and he is still below 21 years of age, his sentence is hereby suspended.
The amount of damages awarded are subject further to interest of six (6%) percent per annum from the date of finality of this judgment until they are fully paid.
SO ORDERED.11 (Italics in the original)
Time and again, we have held that when it comes to the issue of credibility of the victim or the prosecution witnesses, the findings of the trial courts carry great weight and respect and, generally, the appellate courts will not overturn the said findings unless the trial court overlooked, misunderstood or misapplied some facts or circumstances of weight and substance which will alter the assailed decision or affect the result of the case. This is so because trial courts are in the best position to ascertain and measure the sincerity and spontaneity of witnesses through their actual observation of the witnesses' manner of testifying, their demeanor and behavior in court. Trial judges enjoy the advantage of observing the witness' deportment and manner of testifying, her "furtive glance, blush of conscious shame, hesitation, flippant or sneering tone, calmness, sigh, or the scant or full realization of an oath" - all of which are useful aids for an accurate determination of a witness' honesty and sincerity. Trial judges, therefore, can better determine if such witnesses are telling the truth, being in the ideal position to weigh conflicting testimonies. Again, unless certain facts of substance and value were overlooked which, if considered, might affect the result of the case, its assessment must be respected, for it had the opportunity to observe the conduct and demeanor of the witnesses while testifying and detect if they were lying. The rule finds an even more stringent application where the said findings are sustained by the Court of Appeals.19 (Emphasis supplied)CICL XXX raises an exception from this rule by claiming that the lower courts misapprehended the facts.20 CICL XXX argues that "the lower court totally ignored some of the key, material arguments of the defense and focused on alleged holes in the defense. The lower courts gave credence to the allegations of the complainants while totally failing to discuss how the key arguments of the defense did not merit any consideration."21
First, in her initiatory statement, she stated that she was on her way home from school when she was pulled into a dark room and she was molested.Notably, CICL XXX has not proven that the testimony of complainant AAA is false, but has only raised doubts on her credibility based on his opinion of what is believable. CICL XXX argued that there were thousands of students at the time of the incident, and if the incident did happen, they should have seen the same or the immediate aftermath thereof.24 CICL XXX's argument fails to impress. The number of students present at the school grounds, or other circumstances of time and place have no bearing on the probability of the crime having been committed. The Court has emphasized that "lust is no respecter of time and place."25 The graver offense of "rape can be committed even in places where people congregate, in parks, along the roadside, within school premises and even inside a house where there are other occupants or where other members of the family are also sleeping."26
In her reply, the complainant changed her story. This time, she alleged that she was on her way to school because a math teacher summoned her so they can discuss her low grades.
x x x
Second, the complainant alleges that the school was dark and empty at 7:45 pm. This is highly [improbable], if not downright impossible.
As repeatedly established and is undisputed, the afternoon shift of xxxxxxxxxxx has 70 sections of 45-50 students each. Assuming that the sections were all dismissed on time, at 7:45pm, the complainant's allegations would already crumble in the face of reality. Three Thousand Five Hundred students would be at the school grounds at that particular time contrary to the complainant's outrageous claim that the school was already deserted.
Of the thousands of students lingering around the school yards at that hour, at least some would have seen the incident or its immediate aftermath.
In fact, if the school were deserted as she claims, it is improbable for her to be just on her way to school for a meeting with a teacher at such a late hour.
Third, it is likewise established that the CICL was in class in full view of the credible defense witnesses at least from the start of the last period until they were each brought home by their school service.23chanRoblesvirtualLawlibrary
The court finds the direct, clear and straightforward testimony of AAA credible, convincing, and in accordance with the testimony of a victim crying for justice. In the absence of any proof showing that AA (sic) had ill-motive to falsely impute lascivious conduct on CICL XXX, her testimony deserves full faith and credence. Well settled is the rule that courts are inclined to give credence to the version of a young and immature girl of what transpired. Aside from her vulnerability, she would also be exposed to shame, and embarrassment if her testimony is notAt the onset, we clarify that the Court did not completely abandon the women's honor doctrine in the case of People v. Amarela,33 but has tempered the application of the doctrine according to the times. In fact, the women's honor doctrine was considered by the Court in jurisprudence promulgated after People v. Amarela, such as People v. Tuyor34 and People v. Nocido.35
true.32chanRoblesvirtualLawlibrary
It is a well-known fact that women, especially Filipinos, would not admit that they have been abused unless that abuse had actually happened. This is due to their natural instinct to protect their honor. We can not believe that the offended party would have positively stated that intercourse took place unless it did actually take place.38chanRoblesvirtualLawlibraryThe Court in People v. Amarela39 made a fair and timely recognition that the women's honor doctrine borders on the fallacy of non-sequitur. However, while the Court tempered any gender bias or cultural misconception in evaluating the testimony of a victim of sexual depredation, it still maintained that an accused may be convicted solely on the testimony of the victim, provided that the testimony is credible, to wit:chanroblesvirtualawlibrary
In this way, we can evaluate the testimony of a private complainant of rape without gender bias or cultural misconception. It is important to weed out these unnecessary notions because an accused may be convicted solely on the testimony of the victim, provided of course, that the testimony is credible, natural, convincing, and consistent with human nature and the normal course of things. Thus, in order for us to affirm a conviction for rape, we must believe beyond reasonable doubt the version of events narrated by the victim.40 (Emphasis supplied)To better understand how the women's doctrine is applied, We are guided by Our decision in People v. Nocido, which was promulgated in 2020, over two years after the promulgation of People v. Amarela:chanroblesvirtualawlibrary
As to whether AAA's testimony should be given due weight and credence, it is important to take into consideration the Women's Honor doctrine. The doctrine recognizes the "well-known fact that women, especially Filipinos, would not admit that 1hey have been abused unless that abuse had actually happened, [because it is] their natural instinct to protect their honor."Moreover, apart from giving consideration to the women's honor doctrine, the Court has also affirmed the weight and credence given to testimonies of young victims, such as in People v. Tulagan,42 to wit:chanroblesvirtualawlibrary
However, as discussed in People v. Amarela, the opinion enshrined under the Women's Honor doctrine borders on the fallacy of non-sequitur, to wit:chanroblesvirtualawlibraryWhile the factual setting back then would have been appropriate to say it is natural for a woman to be reluctant in disclosing a sexual assault; today we simply cannot be stuck to the Maria Clara stereotype of a demure and reserved Filipino woman. We should stay away from such mindset and accept the realities of a woman's dynamic role in society today; she who has over the years transformed into a strong and confidently intelligent and beautiful person, willing to fight for her rights.Through this, the Court can evaluate the weight and credibility of a private complainant of rape without gender bias or cultural misconception.
It is a settled rule that rape may be proven by the sole and uncorroborated testimony of the offended party, provided that her testimony is clear, positive, and probable.41 (Citations omitted and emphasis supplied)
As for Tulagan's imputation of ill motive on the part of AAA's grandmother, absent any concrete supporting evidence, said allegation will not convince us that the trial court's assessment of the credibility of the victim and her supporting witness was tainted with arbitrariness or blindness to a fact of consequence. We reiterate the principle that no young girl, such as AAA, would concoct a sordid tale, on her own or through the influence of her grandmother as per Tulagan's intimation, undergo an invasive medical examination then subject herself to the stigma and embarrassment of a public trial, if her motive was other than a fervent desire to seek justice. In People v. Garcia, we held:chanroblesvirtualawlibraryThus, considering our pronouncements in People v. Nocido and People v. Tulagan, we find no error in the RTC giving credence to complainant AAA's testimony while recognizing the circumstances of her womanhood and youth.Testimonies of child-victims are normally given full weight and credit, since when a girl, particularly if she is a minor, says that she has been raped, she says in effect all that is necessary to show that rape has in fact been committed. When the offended party is of tender age and immature, courts are inclined to give credit to her account of what transpired, considering not only her relative vulnerability but also the shame to which she would be exposed if the matter to which she testified is not true. Youth and immaturity are generally badges of truth and sincerity. A young girl's revelation that she had been raped, coupled with her voluntary submission to medical examination and willingness to undergo public trial where she could be compelled to give out the details of an assault on her dignity, cannot be so easily dismissed as mere concoction.43 (Citations omitted and emphasis supplied)
AAA clearly stated the events that transpired and identified the person who abused her. The court finds the direct, clear and straightforward testimony of AAA credible, convincing, and in accordance with the testimony of a victim crying for justice. In the absence of any proof showing that AAA had ill-motive to falsely impute lascivious conduct on CICL XXX, her testimony deserves full faith and credence. Well settled is the rule that courts are inclined to give credence to the version of a young and immature girl of what transpired. Aside from her vulnerability, she would also be exposed to shame, and embarrassment if her testimony is not true.44 (Emphasis and underscoring supplied)Thus, the RTC found that complainant AAA's testimony clearly established the events that transpired, and the person who abused her. The Court has ruled that in case of acts of lasciviousness, the lone testimony of the offended party, if credible, is sufficient to establish the guilt of the accused.45 In this case, the lower courts found complainant AAA's testimony to be sufficient to establish the guilt of petitioner.
Here, the records are devoid of any indication of such physical impossibility that appellant was at the scene of the crime at the time it was committed. His bare alibi that he was no longer inside the school premises at the time of the alleged incident and that he was already at home at about 8:30 o'clock in the evening is exiguously patchy to prove the alleged physical impossibility. Suffice it to say that appellant's teacher categorically declared that they were dismissed from their MAPEH class at about 7:45 in the evening. As aptly held by the court a quo, appellant was not able to establish his physical impossibility to be at the campus of xxxxxxxxxxx at the time of the commission of the offense and that he was in fact in the same area at the time the offense was committed.49chanRoblesvirtualLawlibraryThus, given CICL XXX's failure to establish the physical impossibility of the crime, CICL XXX's denial could not prevail over complainant AAA's direct, positive, and categorical assertion.
Based on the Caoili guidelines, it is only when the victim of the lascivious conduct is 18 years old and above that such crime would be designated as "Acts of Lasciviousness under Article 336 of the RPC" with the imposable penalty of prision correccional.The table provided by the Court in People v. Tulagan is instructive:
x x x
Whereas if the victim is 12 years old and under 18 years old, or 18 years old and above under special circumstances, the nomenclature of the crime should be "Lascivious Conduct under Section 5 (b) of R.A. No. 7610" with the imposable penalty of reclusion temporal in its medium period to reclusion perpetua, but it should not make any reference to the provisions of the RPC.55chanRoblesvirtualLawlibrary
While Section 5(b) of R.A. No. 7610 is entitled "Child Prostitution and Other Sexual Abuse", the Court has already acknowledged that R.A. No. 7610 is not only applicable to children exploited in prostitution or subjected to other sexual abuse. This is aligned with the State's policy to provide special protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination, and other conditions prejudicial to their development.57 The Court held in People v. Tulagan:58chanrobleslawlibrary
Crime Committed: Age of Victim: Under 12 years old or demented 12 years old or below 18, or 18 under special circumstances 18 years old and above Acts of Lasciviousness committed against children exploited in prostitution or other sexual abuse
Acts of Lasciviousness under Article 336 of the RPC in relation to Section 5 (b) of R.A. No. 7610: reclusion temporal in its medium period Lascivious conduct under Section 5 (b) of R.A. No. 7610: reclusion temporal in its medium period to reclusion perpetua Not applicable Sexual Assault committed against children exploited in prostitution or other sexual abuse Sexual Assault under Article 266-A (2) of the RPC in relation to Section 5 (b) of R.A. No. 7610: reclusion temporal in its medium period Lascivious Conduct under Section 5 (b) of R.A. No. 7610: reclusion temporal in its medium period to reclusion perpetua Not applicable Sexual Intercourse committed against children exploited in prostitution or other sexual abuse Rape under Article 266-A (1) of the RPC: reclusion perpetua, except when the victim is below 7 years old in which case death penalty shall be imposed Sexual Abuse 77 under Section 5 (b) of R.A. No. 7610: reclusion temporal in its medium period to reclusion perpetua
Not applicable Rape by carnal knowledge Rape under Article 266-A (1) in relation to Art. 266-B of the RPC: reclusion perpetua, except when the victim is below 7 years old in which case death penalty shall be imposed Rape under Article 266-A (1) in relation to Art. 266-B of the RPC: reclusion perpetua Rape under Article 266-A (1) of the RPC: reclusion perpetua Rape by Sexual Assault Sexual Assault under Article 266-A (2) of the RPC in relation to Section 5 (b) of R.A. No. 7610: reclusion temporal in its medium period Lascivious Conduct under Section 5 (b) of R.A. No. 7610: reclusion temporal in its medium period to reclusion perpetua Sexual Assault under Article 266-A (2) of the RPC: prision mayor
We are unconvinced that R.A. No. 7610 only protects a special class of children, i.e., those who are "exploited in prostitution or subjected to other sexual abuse," and does not cover all crimes against them that are already punished by existing laws. It is hard to understand why the legislature would enact a penal law on child abuse that would create an unreasonable classification between those who are considered as "exploited in prostitution and other sexual abuse" or EPSOSA and those who are not. After all, the policy is to provide stronger deterrence and special protection to children from all forms of abuse, neglect, cruelty, exploitation, discrimination and other conditions prejudicial to their development.59chanRoblesvirtualLawlibraryThus, following the guidelines discussed above, considering that petitioner committed acts of lasciviousness on complainant AAA, who was 15 years of age at the time of the commission of the crime,60 the nomenclature of the crime should be Lascivious Conduct under Section 5(b) of R.A. No. 7610.
SEC. 40. Return of the Child in Conflict with the Law to Court. If the court finds that the objective of the disposition measures imposed upon the child in conflict with the law have not been fulfilled, or if the child in conflict with the law has willfully failed to comply with the condition of his/her disposition or rehabilitation program, the child in conflict with the law shall be brought before the court for execution of judgment.Hence, petitioner, who is now beyond the age of 21 years can no longer avail of the suspension of sentence under Section 38.
If said child in conflict with the law has reached eighteen (18) years of age while under suspended sentence, the court shall determine whether to discharge the child in accordance with this Act, to order execution of sentence, or to extend the suspended sentence for a certain specified period or until the child reaches the maximum age of twenty-one (21) years.
SEC. 51. Confinement of Convicted Children in Agricultural Camps and other Training Facilities. - A child in conflict with the law may, after conviction and upon order of the court, be made to serve his/her sentence, in lieu of confinement in a regular penal institution, in an agricultural camp and other training facilities that may be established, maintained, supervised and controlled by the BUCOR, in coordination with the DSWD.The case shall thus be remanded to the RTC to effect petitioner's confinement in an agricultural camp or other training facility, following the Court's pronouncement in People v. Sarcia.68
Thus, for Lascivious Conduct under Section 5(b) of R.A. No. 7610 when the victim is below eighteen (18) years old, as in the instant case, the proper amount of damages is as follows: P50,000.00 as civil indemnity, P50,000.00 as moral damages, P50,000.00 as exemplary damages.
Crime Civil Indemnity Moral Damages Exemplary Damages Acts of Lasciviousness under Article 336 of the RPC [Victim is of legal age] P20,000.00 P20,000.00 P20,000.00 Acts of lasciviousness in relation to Section 5 (b) of R.A. No. 7610 [Victim is a child under 12 years old or is demented] P50,000.00 P50,000.00 P50,000.00 Sexual Abuse or Lascivious Conduct under Section 5 (b) of R.A. No. 7610 [Victim is a child 12 years old and below 18, or above 18 under special circumstances] P75,000.00 (If penalty imposed is reclusion perpetua) P75,000.00 (If penalty imposed is reclusion perpetua) P75,000.00 (If penalty imposed is reclusion perpetua) P50,000.00 (If penalty imposed is within the range of reclusion temporal medium) P50,000.00 (If penalty imposed is within the range of reclusion temporal medium) P50,000.00 (If penalty imposed is within the range of reclusion temporal medium) Sexual Assault under Article 266-A (2) of the RPC [Victim is of legal age] P30,000.00 P30,000.00 P30,000.00 Sexual Assault under Article 266-A (2) of the RPC in relation to Section 5 (b) of R.A. No. 7610 [Victim is a child under 12 years old or is demented] P50,000.00 P50,000.00 P50,000.00
Endnotes:
1 Penned by Associate Justice Japar B. Dimaampao, with Associate Justices Manuel M. Barrios and Henri Jean Paul B. Inting (now a Member of the Supreme Court) concurring; rollo, pp. 23-29.
2Id. at 30-31.
3Id. at 32-38.
4 In accordance with Amended Administrative Circular No. 83-2015, the identities of the parties, records and court proceedings are kept confidential by replacing their names and other personal circumstances with fictitious initials, and by blotting out the specific geographical location that may disclose the identities of the victims.
5Rollo, p. 24.
6Id. at 24-25.
7Id. at 25.
8Id. at 35.
9Id.
10Id. at 32-38.
11Id. at 37-38.
12Id. at 25.
13Id. at 23-29.
14Id. at 30-31.
15Id. at 10.
16Cedeño v. People, et al., 820 Phil. 575, 600 (2017).
17Typoco, Jr. v. People, 816 Phil. 914, 929 (2017).
18People v. Tulagan, G.R. No. 227363, March 12, 2019.
19Id., citing People v. Gahi, 727 Phil. 642, 658 (2014).
20Cirtek Employees Labor Union-Federation of Free Workers v. Cirtek Electronics, Inc., 665 Phil. 784, 789 (2011).
21Rollo, p. 11. (Emphasis in the original)
22People v. Tuballas, 811 Phil. 201, 211 (2017).
23Rollo, pp. 17-18.
24Id. at 18.
25Perez v. People, 830 Phil. 162, 177 (2018).
26Id. at 177-178.
27People v. Bensurto, Jr., 802 Phil. 766, 774 (2016).
28People v. Tulagan, supra note 18.
29Id.
30People v. Parba-Rural, G.R. No. 231884, June 27, 2018.
31People v. Amarela, et al., 823 Phil. 1188 (2018).
32Rollo p. 11.
33Supra note 31.
34 G.R. No. 241780, October 12, 2020.
35 G.R. No. 240229, June 17, 2020.
36 CONSTITUTION, Art. VIII, Sec. 4, par. (3).
37 109 Phil. 912 (1960).
38Id. at 914-915.
39Supra note 31.
40Id. at 1200.
41People v. Nocido, supra note 35.
42Supra note 18.
43Id.
44Rollo, p. 36.
45Awas v. People, 811 Phil. 700, 707-708 (2017); Garingarao v. People, 669 Phil. 512, 522 (2011).
46Rollo, p. 18.
47People v. Regaspi, 768 Phil. 593, 598-599 (2015).
48People v. Tulagan, supra note 18.
49Rollo, p. 28.
50Id. at 36.
51Id. at 36-37.
52People v. Nocido, supra note 35.
53Id.
54People v. Tulagan, supra note 18.
55Id.
56Id.
57People v. Nocido, supra note 35.
58Supra note 18.
59Id.
60Rollo, p. 32.
61People v. Mantalaba, 669 Phil. 461, 482-483 (2011).
62Rollo, p. 32.
63 REVISED PENAL CODE, Art. 68.
64 REVISED PENAL CODE, Art. 64.
65Rollo, p. 37.
66 Republic Act No. 9344 (2006), Sec. 38 provides:
SEC. 38. Automatic Suspension of Sentence. - Once the child who is under eighteen (18) years of age at the time of the commission of the offense is found guilty of the offense charged, the court shall determine and ascertain any civil liability which may have resulted from the offense committed. However, instead of pronouncing the judgment of conviction, the court shall place the child in conflict with the law under suspended sentence, without need of application: Provided, however, That suspension of sentence shall still be applied even if the juvenile is already eighteen years (18) of age or more at the time of the pronouncement of his/her guilt.
Upon suspension of sentence and after considering the various circumstances of the child, the court shall impose the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles in Conflict with the Law.
67People v. Ancajas, et al., 772 Phil. 166, 189 (2015).
68 615 Phil. 97, 130 (2009).
69Rollo, p. 37.
70Supra note 18.
71People v. Nocido, supra note 35.
CAGUIOA, J.:
Endnotes:
1 Petitioner was charged and convicted by the trial court for the crime of Acts of Lasciviousness under the Revised Penal Code, docketed as Criminal Case No. R-QZN-15-06050-CR.
2Ponencia, p. 17.
3 G.R. No. 227363, March 12, 2019.
4 J. Caguioa, Concurring and Dissenting Opinion in People v. Tulagan, G.R. No. 227363, March 12, 2019, p. 33; emphasis, italics and underscoring omitted.
5 Id. at 21, citing People v. Abello, 601 Phil. 373, 392 (2009).
6 Id. at 28.
7 See ponencia, p. 2.
8 Before the application of the Indeterminate Sentence Law; see ponencia, id. at 14.cralawredlibrary