In GARINGARAO vs.

PEOPLE, decided in the year 2011, AAA was a 16-year old girl who was sexually
abused while she was confined in a hospital. While AAA was alone in her hospital room, Garingarao, the
nurse on duty, touched her breasts, touched her vagina, and inserted his fingers in her vagina – all under
the guise of “examining” her.

The trial court found the accused Garingarao GUILTY beyond reasonable doubt of the crime of acts of
lasciviousness in relation to Republic Act 7610, and sentencing him to suffer the penalty of
imprisonment ranging from 12 years to 1 day of Reclusion Temporal as minimum to 14 years and 8
months of Reclusion Temporal as maximum.

Upon appeal, the CA affirmed the trial court’s decision with modifications that while Garingarao was
charged for acts of lasciviousness in relation to RA 7610, he should be convicted under RA 7610 because
AAA was 16 years old when the crime was committed. The CA ruled that under Section 5(b) of RA 7610,
the offender shall be charged with rape or lascivious conduct under the Revised Penal Code (RPC) only if
the victim is below 12 years old; otherwise, the provisions of RA 7610 shall prevail.

The CA modified the duration of the penalty of reclusion temporal  in its maximum period to 17 years, 4
months and 1 day to 20 years.

The issue in this case is whether the Court of Appeals committed a reversible error in affirming with
modifications the trial court’s decision.

The Ruling of the Supreme Court

CA did not commit any error.

Section 5, Article III of RA 7610 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:

(a) x x x

(b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited
in prostitution or subject 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) yeas of age shall be reclusion temporal in its medium period, x x x

(c) x x x
The elements of sexual abuse under Section 5, Article III of RA 7610 are the following:

1. The accused commits the act of sexual intercourse or lascivious conduct;

2. The said act is performed with a child exploited in prostitution or subjected to other sexual
abuse; and

3. The child, whether male or female, is below 18 years of age.

Under Section 32, Article XIII of the Implementing Rules and Regulations of RA 7610, lascivious conduct
is defined as follows:

[T]he intentional touching, either directly or through clothing, of the  genitalia, anus, groin, breast, inner
thigh, or buttocks, or the introduction of any object into the genitalia, anus or mouth, of any person,
whether of the same or opposite sex, with the intent to abuse, humiliate, harass, degrade, or arouse or
gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or
pubic area of a person.

In this case, the prosecution established that Garingarao touched AAA’s breasts and inserted his finger
into her private part for his sexual gratification. Garingarao used his influence as a nurse by pretending
that his actions were part of the physical examination he was doing. Garingarao persisted on what he
was doing despite AAA’s objections. AAA twice asked Garingarao what he was doing and he answered
that he was just examining her.

The Court has ruled that a child is deemed subject to other sexual abuse when the child is the victim
of lascivious conduct under the coercion or influence of any adult. In lascivious conduct under the
coercion or influence of any adult, there must be some form of compulsion equivalent to intimidation
which subdues the free exercise of the offended party’s free will. In this case, Garingarao coerced AAA
into submitting to his lascivious acts by pretending that he was examining her.

Garingarao insists that, assuming that the testimonies of the prosecution witnesses were true, he should
not be convicted of violation of RA 7610 because the incident happened only once. Garingarao alleges
that the single incident would not suffice to hold him liable under RA 7610.

Garingarao’s argument has no legal basis.

The Court has already ruled that it is inconsequential that sexual abuse under RA 7610 occurred only
once. Section 3(b) of RA 7610 provides that the abuse may be habitual or not. Hence, the fact that the
offense occurred only once is enough to hold Garingarao liable for acts of lasciviousness under RA 7610.
UNDER RA 9975, WHAT IS CHILD PORNOGRAPHY? HOW DOES THE STATE PREVENT CHILD PORNOGRAPHY AND
ENFORCE THE LAW?

Section 3 (2) of RA 9975 defines child pornography as any representation, whether visual, audio, or
written combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of
child engaged or involved in real or simulated explicit sexual activities.

Ung how does a state prevent child porn, naisip ko is ganito:

The State prevents child pornography by imposing penalties against any person who commits the
prohibited acts under Section 4 and 5 of RA 9975:

ACTS PROHIBITED UNDER SEC. 4 & 5 PENALTIES UNDER SECTION 15

Sec. 4 (a) To hire, employ, use, persuade, induce

or coerce a child to perform in the creation or
production of any form of child pornography reclusion temporal in its maximum period and
a fine of not less than One million pesos
(b) To produce, direct, manufacture or create (Php1,000,000.00) but not more than Two
any form of child pornography million (Php2,000,000.00)
(c) To publish offer, transmit, sell, distribute,
broadcast, advertise, promote, export or import
any form of child pornography
(d) To possess any form of child pornography
with the intent to sell, distribute, publish, or
broadcast: Provided. That possession of three (3)
or more articles of child pornography of the
same form shall be prima facie evidence of the
intent to sell, distribute, publish or broadcast
(e) To knowingly, willfully and intentionally reclusion temporal in its medium period and a
provide a venue for the commission of fine of not less than Seven hundred fifty
prohibited acts as, but not limited to, dens, thousand pesos (Php750,000.00) but not more
private rooms, cubicles, cinemas, houses or in than One million pesos (Php1,000,000.00)
establishments purporting to be a legitimate
business
(f) For film distributors, theaters and
telecommunication companies, by themselves or
in cooperation with other entities, to distribute
any form of child pornography
(g) For a parent, legal guardian or person having reclusion temporal in its minimum period and
custody or control of a child to knowingly permit a fine of not less than Five hundred thousand
the child to engage, participate or assist in any pesos (Php500,000.00) but not more than
form of child pornography Seven hundred thousand pesos
(Php700,000.00);

(h) To engage in the luring or grooming of a child prision mayor in its maximum period and a
fine of not less than Three hundred thousand

(i) To engage in pandering of any form of child
pornography
(j) To willfully access any form of child
pornography
(k) To conspire to commit any of the prohibited
acts stated in this section. Conspiracy to commit
any form of child pornography shall be
committed when two (2) or more persons come
to an agreement concerning the commission of
any of the said prohibited acts and decide to
commit it;
(l) To possess any form of child pornography.
Sec. 5. The crime of child pornography is deemed
committed by a syndicate if carried out by a
group of three (3) or more persons conspiring or
confederating with one another and shall be
punished under Section 15(a) of this Act.
Additionally, RA 9975 imposed responsibilities to Internet Service Providers, Internet Content Hosts, and
Mall Owners etc. to help monitor cases of child pornography:
RESPONSIBILITIES/DUTIES
Section 9. Duties of an Internet Service Provider
(ISP). - All internet service providers (ISPs) shall:
 notify the Philippine National Police
(PNP) or the National Bureau of
Investigation (NBI) within seven (7) days
from obtaining facts and circumstances
that any form of child pornography is
pesos (Php300,000.00) but not more than Five
hundred thousand pesos (Php500,000.00)
prision mayor in its minimum period and a
fine of not less than Three hundred thousand
pesos (php300,000.00) but not more than Five
hundred thousand pesos (Php500,000.00);
prision correccional in its maximum period
and a fine of not less than Two hundred
thousand pesos (Php200,000.00) but not more
than Three hundred thousand pesos
(Php300,000.00)
prision correccional in its medium period and
a fine of not less than One hundred thousand
pesos (php100,000.00) but not more than Two
hundred fifty thousand pesos (php250,000.00)
arresto mayor in its minimum period and a
fine of not less than Fifty thousand pesos
(Php50,000.00) but not more than One
hundred thousand pesos (Php100,000.00);
reclusion perpetua and a fine of not less than
Two million pesos (Php2,000,000.00) but not
more than Five million pesos
(Php5,000,000.00);
PENALTIES UNDER SECTION 15
fine of not less than Five hundred thousand
pesos (Php500,000.00) but not more than One
million pesos (Php1,000,000.00) for the first
offense. In case of subsequent offense, the
penalty shall be a fine of not less than One
million pesos (Php1,000,000.00) but not more
than Two million pesos (Php2,000,000.00) and
 being committed using its server or
facility;
 preserve such evidence for purpose of
investigation and prosecution by
relevant authorities;
 shall, upon the request of proper
revocation of its license to operate;
authorities, furnish the particulars of
users who gained or attempted to gain
access to an internet address which
contains any form of child pornography;
 install available technology, program or
software to ensure that access to or
transmittal of any form of child
pornography will be blocked or filtered.
Section 10. Responsibility of Mall
Owners/Operators and Owners or Lessors of
Other Business Establishments.
All mall owners/operators and owners or lessors
of other business establishments shall:
 notify the PNP or the NBI within seven
(7) days from obtaining facts and
circumstances that child pornography is
being committed in their premises.
 shall preserve such evidence for purpose
of investigation and prosecution by
penalty of a fine of not less than One million
relevant authorities;
pesos (Php1,000,000.00) but not more than
o disputable presumption of Two million pesos (Php2,000,000.00) for the
knowledge by mall first offense. In the case of a subsequent
owners/operators and owners offense, the penalty shall be a fine of not less
or lessors of other business than Two million pesos (Php2,000,000.00) but
establishments should know or not more than Three million pesos
reasonably know that a (Php3,000,000.00) and revocation of its
violation of this Act is being license to operate and immediate closure of
committed in their premises. the establishment
Photo developers, information technology
professionals, credit card companies and banks
and any person who has direct knowledge of any
form of child pornography activities shall
 have the duty to report any suspected
child pornography materials or
transactions to the proper authorities
within seven (7) days from discovery
thereof.

Section 11 prision correccional in its medium period and

a fine of not less than One million pesos
 Duties of an Internet Content Host. - An internet
content host shall:
 Not host any form of child pornography
on its internet address;
 Within seven (7) days, report the
presence of any form of child
(Php1,000,000.00) but not more than Two
pornography, as well as the particulars
million pesos (Php2,000,000.00) for the first
of the person maintaining, hosting,
offense. In the case of a subsequent offense,
distributing or in any manner
the penalty shall be a fine not less than Two
contributing to such internet address, to
million pesos (Php2,000,000.00) but not more
the proper authorities; and
than Three million pesos (Php3,000,000.00)
 Preserve such evidence for purposes of and revocation of its license to operate and
investigation and prosecution by immediate closure of the establishment;
relevant authorities
 upon the request of proper authorities,
furnish the particulars of users who
gained or attempted to gain access to an
internet address that contains any form
of child pornography

To ensure that cases of any form of child pornography and other offenses punishable under RA 9975 are
reported, Section 6 of the same Act allows any of the following persons to file a complaint:

(a) Offended party;

(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of consanguinity;
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and Development (DSWD);
(f) Local social welfare development officer;
(g) Barangay chairman;
(h) Any law enforcement officer;
(i) At least three (3) concerned responsible citizens residing in the place where the violation
occurred; or
(j) Any person who has personal knowledge of the circumstances of the commission of any
offense under this Act.

RA 9975, under Section 20, also established an Inter-Agency Council against Child Pornography to be composed of
the Secretary of the DSWD as chairperson and the following as members:

(a) Secretary of the Department of Justice:

(b) Secretary of the Department of Labor and Employment
(c) Secretary of the Department of Science and Technology
(d) Chief of the Philippine National Police;
(e) Chairperson of the Commission on Information and Communications Technology;
(g) Commissioner of the National Telecommunications Commission;
(h) Executive Director of the Council for the Welfare of Children;
 (i) Executive Director of the Philippine Center for Transnational Crimes;
(j) Executive Director of the Optical Media Board;
(k) Director of the National Bureau of Investigation; and
(l) Three (3) representatives from children's nongovernmental organizations. These representatives shall
be nominated by the government agency representatives of the Council for appointment by the President
for a term of three (3) years and may be renewed upon renomination and reappointment by the Council
and the President respectively.

Its powers and functions include (Section 21):

(a) Formulate comprehensive and integrated plans and programs to prevent and suppress any form of
child pornography;

(b) Promulgate rules and regulations as may be necessary for the effective implementation of this Act;

(c) Monitor and oversee the strict implementation of this Act;

(d) Coordinate the programs and projects of the various members agencies effectively address the issues
and problems attendant to child pornography;

(e) Conduct and coordinate massive information disseminations and campaign on the existence of the law
and the various issues and problems attendant to child pornography;

(f) Direct other agencies to immediately respond to the problems brought to their attention and report to
the Council on the action taken;

(g) Assist in the filling of cases against individuals, agencies, institutions or establishments that violate the
provisions of this Act;

(h) Formulate a program for the reintegration of victims of child pornography;

(i) Secure from any department, bureau, office, agency or instrumentality of the government or from
NGOs and other civic organizations such assistance as may be needed to effectively implement this Act;

(j) Complement the shared government information system relative to child abuse and exploitation and
ensure that the proper agencies conduct a continuing research and study on the patterns and schemes of
any form of child pornography which form basis for policy formulation and program direction;

(k) develop the mechanism to ensure the timely, coordinated and effective response to cases of child
pornography;

(l) Recommend measures to enhance cooperative efforts and mutual assistance among foreign countries
through bilateral and/or multilateral arrangements to prevent and suppress any form of child
pornography;

(m) Adopt measures and policies to protect the rights and needs of the victims of child pornography who
are foreign nationals in the Philippines;

(n) maintain a database of cases of child pornography;

(o) Initiate training programs in identifying and providing the necessary intervention or assistance to
victims of child pornography.

(p) Submit to the President and the Congressional Oversight committee credited herein the annual report
on the policies, plans, programs and activities of the Council relative to the implementation of this Act;
and

(q) Exercise all the powers and perform such other functions necessary to attain the purposes and
objectives of this Act.