In People v.
Caoili, We prescribed the following guidelines in designating or
charging the proper offense in case lascivious conduct is committed under
Section 5 (b) of R.A. No. 7610, and in determining the imposable penalty:
1. The age of the victim is taken into consideration in designating or charging
the offense, and in determining the imposable penalty.
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3. If the victim is exactly twelve (12) years of age, or more than
twelve (12) but below eighteen (18) years of age, or is eighteen (18)
years old or older but is unable to fully take care of herself/himself or protect
herself/himself from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition, the crime should be
designated as "Lascivious Conduct under Section 5(b) of R.A. No.
7610," and the imposable penalty is reclusion temporal in its medium
period to reclusion perpetua.
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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. It is only when the victim of the
sexual assault is 18 years old and above, and not demented, that the crime
should be called as "Sexual Assault under paragraph 2, Article 266-A of the
RPC" with the imposable penalty of prision mayor.110
If the victim is 12 years old and under 18 years old, and the acts committed
fall under rape through sexual assault under the RPC, the proper
nomenclature is "Lascivious Conduct under Section 5(b) of RA 7610." The
imposable penalty is reclusion temporal in its medium period to reclusion
perpetua.
As for Rape through sexual intercourse, and the victim is 12 years old and
under 18 years old, Tulagan again instructs that the proper nomenclature is
"Rape under Article 266-A (1) in relation to Article 266-B of the RPC," and the
imposable penalty is reclusion perpetua.111
To recap, the Court finds that Rape through sexual assault was committed in
Criminal Case Nos. 06-809 and 07-146. Considering that AAA was 14 years
old at the time of the commission of the acts, the Court changes the
nomenclature of the two charges to "Lascivious Conduct under Section 5(b)
of RA 7610." Resultantly, the Court modifies the penalty imposed by the
appellate court; after all, an appeal of a criminal case throws the entire case
wide open for review and the reviewing court can increase the penalty to
conform with what is provided by the violated penal law."112 For Criminal
Case No. 06-809, accused-appellant is sentenced to suffer an indeterminate
penalty of fourteen (14) years and eight (8) months of reclusion temporal, as
minimum, to seventeen (17) years, four (4) months and one (1) day
of reclusion temporal, as maximum.113 The same sentence shall be imposed
for Criminal Case No. 07-146.
As for the Rape through sexual intercourse in Criminal Case No. 07-147, the
Court revises the nomenclature of the offense to "Rape under Article 266-A
(1) in relation to Article 266-B of the RPC" or Simple Rape. The CA did not err
in imposing the penalty of reclusion perpetua.
The Court also modifies the imposition of civil indemnities, damages, and
fines to conform with Tulagan and People v. Jugueta .114 For Criminal Case
No. 06-809, accused-appellant is ordered to pay AAA the amounts of
P50,000.00 as civil indemnity, P50,000.00 as moral damages, and
P50,000.00 as exemplary damages. For Criminal Case No. 07-146, accused-
appellant is likewise ordered to pay AAA the amounts of P50,000.00 as civil
indemnity, P50,000.00 as moral damages, and P50,000.00 as exemplary
damages. For Criminal Case No. 07-147, accused-appellant is ordered to pay
AAA the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral
damages, and P75,000.00 as exemplary damages. All amounts are subject to
six percent (6%) legal interest that will commence to run from the finality of
this Decision until full payment thereof. The fines imposed by the appellate
court for all cases shall be deleted for lack of legal basis.115
WHEREFORE, the appeal is DISMISSED. The March 30, 2017 Decision of
the Court of Appeals in CA-G.R. CR-H.C. No. 07147 is
hereby AFFIRMED with MODIFICATIONS. The Court finds accused-
appellant XXX guilty beyond reasonable doubt, as follows:
1. In Criminal Case No. 06-809, of Lascivious Conduct under Section 5(b) of
Republic Act No. 7610, for which he is sentenced to suffer the indeterminate
penalty of fourteen (14) years and eight (8) months of reclusion temporal, as
minimum, to seventeen (17) years, four (4) months and one (1) day
of reclusion temporal, as maximum, and is ordered to pay AAA the amounts
of P50,000.00 as civil indemnity, P50,000.00 as moral damages, and
P50,000.00 as exemplary damages;
2. In Criminal Case No. 07-146, of Lascivious Conduct under Section 5(b) of
Republic Act No. 7610, for which he is sentenced to suffer the indeterminate
penalty of fourteen (14) years and eight (8) months of reclusion temporal, as
minimum, to seventeen (17) years, four (4) months and one (1) day
of reclusion temporal, as maximum, and is ordered to pay AAA the amounts
of P50,000.00 as civil indemnity, P50,000.00 as moral damages, and
P50,000.00 as exemplary damages; and
3. In Criminal Case No. 07-147, of Simple Rape under Article 266-A (1) in
relation to Article 266-B of the RPC. He is sentenced to suffer the penalty
of reclusion perpetua, and is ordered to pay AAA the amounts of P75,000.00
as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as
exemplary damages.
All monetary awards shall earn interest at the rate of six percent (6%)
per annum from the finality of this Decision until full payment thereof.
SO ORDERED.
Perlas-Bernabe, (Chairperson), Zalameda, Rosario, and Marquez, JJ., concur.
Footnotes
1 Initials were used to identify the accused-appellant pursuant to Amended
Administrative Circular No. 83-15 dated September 5, 2017 entitled
"Protocols and Procedures in the Promulgation, Publication, and Posting on
the Websites of Decisions, Final Resolutions, and Final Orders using Fictitious
Names/Personal Circumstances.
2 Rollo, pp. 16-17.
3 Id. at 2-15. Penned by Associate Justice Florito S. Macalino, and concurred
in by Associate Justices Mariflor P. Punzalan Castillo and Maria Elisa Sempio
Diy.
