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L/Epublft of Tbe $ Upreme Qcourt: Manila
L/Epublft of Tbe $ Upreme Qcourt: Manila
$;upreme QCourt
manila
FIRST DIVISION
SERENO, CJ,
Chairperson,
LEONARDO-DE CASTRO,
-versus- BERSAMIN,
VILLARAMA, JR., and
PEREZ, * JJ
Promulgated:
FELIX MORANTE,
Accused-Appellant. NOV 2 8 2012
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DECISION
4
Republic Act No. 7610, Section 5 provides:
Section 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:
xxxx
(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, That 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 when the
victim is under twelve (12) years of age shall be reclusion temporal in its medium period[.]
5
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD
ABUSE, EXPLOITATION AND DISCRIMINATION, PROVIDING PENALTIES FOR ITS VIOLATION, AND
FOR OTHER PURPOSES
6
Records of Crim. Case No. 2283-M-00.
DECISION 3 G.R. No. 187732
AAA testified that appellant is her stepfather. AAA and her siblings
lived with their mother, BBB, and appellant in a one-storey house/apartment.
Sometime in December 1999, at midnight, while she was sleeping and her
mother and siblings were not one foot away from her, she was suddenly
awakened as somebody heavy settled on top of her. She awoke to find
appellant on top of her, kissing her cheeks, and feeling her up. Appellant
thereafter removed his clothing and had carnal knowledge of her. She was
not able to alert her mother for fear that appellant might kill them. After the
deed, appellant got off her and went back to sleep.12
7
11th day of January, 2000 in Crim. Case No. 2278-M-00; 12th day of January, 2000 in Crim. Case
No. 2279-M-00; 13th day of January, 2000 in Crim. Case No. 2280-M-00; 14th day of January,
2000 in Crim. Case No. 2281-M-00 and 15th day of January, 2000 in Crim. Case No. 2282-M-00.
8
Records, p. 1.
9
Id. at 13.
10
Id. at 89.
11
Id. at 91.
12
CA rollo, p. 60.
DECISION 4 G.R. No. 187732
AAA also testified that every night from January 10 to 15, 2000,
appellant, despite living with the family in close quarters, repeatedly
violated her, all the while threatening to kill her if she made any noise or
reported the incident to anyone else.13
On redirect examination, AAA clarified that she and her mother lived
in the same house as her aunt and her children, together with appellant. She
maintained that appellant had carnal knowledge of her despite living in close
quarters and with several people around.15
13
Id. at 60-62.
14
Id. at 60-61.
15
Id. at 62.
16
Id.
DECISION 5 G.R. No. 187732
Appellant denied all the charges against him. He stated that AAA was
the daughter of his common-law wife. He, however, disclaimed any
knowledge of sexual abuse committed in December 1999 and from January
10, 2000 to January 15, 2000. He said that AAA, BBB, and CCC, AAA’s
aunt, harbored ill feelings against him for intervening in an alleged fight
among the three ladies involving the salary earned by AAA from her baby-
sitting job. They thus orchestrated his downfall. He said that he treated
AAA as he would his own daughter. He added that it was impossible for
him to have done anything to AAA since she worked as a helper in Bocaue,
Bulacan for four months, from January 13, 2000 to April 6, 2000.17
17
Id. at 63-64.
18
Id. at 64.
DECISION 6 G.R. No. 187732
living together under one roof with the latter’s mother; that one evening in
the month of December 1999, while [AAA] was asleep in their house at
Bunsuran, Pandi, Bulacan, she was awakened by the heavy weight of the
accused who was then fondling her breasts, touching and kissing her, that
on the same evening, the accused managed to undress her and insert his
penis into her vagina even as they were lying beside the mother of [AAA];
that [AAA] could [neither] complain nor resist as she was afraid that the
[appellant] might kill her and her mother; that the incident was repeated on
six (6) other occasions, particularly in the evenings of January 10, 11, 12,
13, 14 and 15, all in the year 2000, this time in the residence of [AAA’s]
auntie in Masuso, Pandi, Bulacan.
19
Id. at 65-66.
DECISION 7 G.R. No. 187732
Appellant basically argues that his guilt for the crimes charged was
not proven beyond reasonable doubt because of alleged inconsistencies in
AAA’s testimony and was thus rendered without basis.
20
Id. at 18.
21
Rollo, p. 14.
22
Id. at 23-24.
23
Id. at 25-26.
24
Id. at 35.
25
Id. at 32-34 and 40-42.
DECISION 8 G.R. No. 187732
The pertinent provisions of law in this case are found in Section 5(b),
Republic Act No. 7610, which provides that:
xxxx
26
G.R. No. 183563, December 14, 2011, 662 SCRA 506, 523.
27
G.R. No. 181035, July 4, 2011, 653 SCRA 117, 133.
DECISION 10 G.R. No. 187732
Given that in the present case, the courts a quo have sufficiently
addressed the question on the alleged inconsistencies in the testimony of
AAA and appellant does not present to this Court any scintilla of evidence to
prove that the testimony of the witness was not credible, the Court must
uphold the assessment of the RTC as affirmed by the Court of Appeals.
28
Rollo, p. 14.
29
People v. Rubio, G.R. No. 195239, March 7, 2012, 667 SCRA 753, 762.
DECISION II G.R. No. I87732
for damages interest at the legal rate of 6% per annum from date of finality
of this Decision until fully paid. 30
No pronouncement as to costs.
SO ORDERED.
~~de,~
TERESITA J. LEONARDO-DE CASTRO
Associate Justice
30
People v. Dominguez, Jr., G.R. No. 180914, November 24,2010, 636 SCRA 134, 163-165.
DECISION 12 G.R. No. 187732
WE CONCUR:
JOS
CERTIFICATION