MELVIN ENCINARES y BALLON v PEOPLE OF THE PHILIPPINES
Law: Criminal Law
Cited Law/Order: RA 7610
Issue: Petitioner is liable to Section 10 of RA 7610
FACTS:
Petitioner approached the school’s CAT Commandant, to offer help with the t-shirts and other items that the CAT might need. Ragadio accepted and asked AAA, 16 yrs old, to follow-up the items they ordered from petitioner.
In the evening of December 27, 2011, petitioner invited AAA to a drinking spree in his house. Although AAA does not drink alcohol, petitioner offered him one.
Petitioner told him to sleep in the bedroom since there were no more available means of transportation for AAA to go home.
While AAA was sleeping, petitioner put AAA’s penis into his mouth and played with it for ten (10) minutes. AAA tried to resist but failed since he was too drunk.
ISSUE:
1. Whether or not the CA erred in convicting petitioner of the crime of violation of Section 10 (a) of RA 7610, as charged
2. Whether or not if CA erred the decision in convicting petitioner of the crime of violation of Section 10 (a) of RA 7610, penalty shall be changed
3. Whether or not the maximum term of sentence shall be taken from the prescribed penalty as reclusion temporal has not mitigating or aggravating circumstances
4. Whether or not Indeterminate Sentence Law be applied in the penaflty
RULING:
1. Yes.
The Court finds that the petitioner’s conviction should be for a violation of Section 5 (b) instead of Section 10 (a) of RA 7610.
Section 5 (b) of RA 7610 specifically applies in cases of sexual abuse committed against children, which includes lascivious conduct
Section 10 (a) punishes other forms of child abuse not covered by particular provisions of RA 7610.
Lascivious conduct defined in the Implementing Rules and Regulations of RA 7610,
⁃ the 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 an 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.”
The Court finds that petitioner’s acts of putting AAA’s penis inside his mouth and playing with it for ten (10) minutes constitute Lascivious Conduct under Section 5 (b) of RA 7610.
2. Yes, penalty be modified
Due to the modification of petitioner’s conviction, a change in the imposable penalty, as well as the awards of damages, is in order.
The prescribed penalty for violation of Section 5 (b) of RA 7610 is reclusion temporal in its medium period to reclusion perpetua.
3. Yes.
In the absence of mitigating or aggravating circumstances, the maximum term of the sentence shall be taken from the medium period of the prescribed penalty.
4. Yes. Petitioner may still enjoy the benefits of the Indeterminate Sentence Law since RA 7610 is a special law.
In applying its provisions, the minimum term shall be taken from within the range of the penalty next lower in degree, which is prision mayor in its medium period to reclusion temporal in its minimum period.
Thus, petitioner is sentenced to suffer the indeterminate penalty of imprisonment of ten (10) years and one (1) day of prision mayor, as minimum, to seventeen (17) years, four (4) months and one (1) day of reclusion temporal, as maximum, for violation of Section 5 (b) ofRA 7610.
Lesson of this case:
Section 5 of RA 7610 applies in cases only to minor. Section 10 of the law punishes other forms of child abuse not covered by particular provisions.
Putting a penis of the victim’s mouth still guilty of Lascivious conduct.
A person’s intention of carnal ideas must be removed, especially when the aggrieved person is in alcoholic influence or in out of mind condition.
Cited Jurisprudence:
People v De Guzman
People v Tulogan
People v Delector
People v Dimaano
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