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JAIME CAPUETA Y ATADAY v. PEOPLE

FACTS:

The case involves a Petition for Review on Certiorari assailing the Decision of the Court of Appeals (CA) which affirmed the Decision of the Regional Trial Court (RTC) finding the petitioner guilty of Acts of Lasciviousness under the Revised Penal Code (RPC), in relation to the Special Protection of Children Against Abuse, Exploitation and Discrimination Act. The petitioner was charged with child abuse for touching the legs, arms, and private organ of a 6-year old minor, which were considered acts of child abuse that demeaned and degraded the child's dignity.

The prosecution presented witnesses and documentary evidence to prove the guilt of the petitioner. The petitioner denied the charges and presented his own version of the events. The RTC found the petitioner guilty of violating Section 5(b) of RA 7610 and imposed a penalty of imprisonment and ordered the payment of damages. The CA affirmed the decision but modified the penalty.

The petitioner argues that the prosecution failed to prove the elements of the offense and that his constitutional right to be informed of the nature and cause of the accusation against him was violated. The Court, however, found no merit in the petitioner's arguments.

ISSUES:

  1. Whether the prosecution proved all the elements of Section 5(b) of RA 7610.

  2. Whether the Information filed against the petitioner violated his constitutional right to be informed of the nature and cause of accusation against him.

  3. Whether the Information filed against the petitioner sufficiently alleged the element that the lascivious act was committed against a child subjected to sexual abuse

  4. Whether the petitioner's conviction for violation of Section 5(b) of RA 7610 violated his constitutional right to be informed of the nature and cause of the accusation against him

  5. Whether the proper penalty was imposed

  6. Whether the accused is guilty of the crime of rape;

  7. Whether the accused should be held liable for damages.

RULING:

  1. The Court finds no merit in the petition. The prosecution successfully proved all the elements of Section 5(b) of RA 7610 beyond reasonable doubt. The trial court found the testimony of the victim to be clear, candid, and categorical, and the victim positively identified the petitioner as her molester. The defense of lack of criminal intent or lewd design was unsuccessful, and the alibi presented by the petitioner was unsubstantiated. The Court also held that the Information filed against the petitioner did not violate his constitutional right to be informed of the nature and cause of accusation against him.

  2. The Information filed against the petitioner sufficiently alleged the element that the lascivious act was committed against a child subjected to sexual abuse. The Information clearly recited the facts constituting the crime charged.

  3. The petitioner's conviction for violation of Section 5(b) of RA 7610 did not violate his constitutional right to be informed of the nature and cause of the accusation against him. The title of the offense or the specific provision penalizing the act does not control; what matters is that the information sufficiently alleges the acts or omissions complained of to inform a person of common understanding of the offense he is being charged with.

  4. The proper penalty for lascivious conduct, when the victim is under 12 years of age, is reclusion temporal in its medium period, which ranges from 14 years, eight (8) months and one (1) day to 17 years and four (4) months. The minimum term of the indeterminate penalty shall be within the range of the penalty next lower in degree, which is reclusion temporal in its minimum period, or 12 years and one (1) day to 14 years and eight (8) months. The maximum term shall be that which could be properly imposed under the law, which is 15 years, six (6) months, and 20 days of reclusion temporal.

  5. The accused is guilty beyond reasonable doubt of the crime of rape and is hereby convicted accordingly.

  6. The accused is ordered to pay the victim civil indemnity, moral damages, and exemplary damages. An interest at the legal rate of six percent (6%) per annum is also imposed on the total judgment award computed from the finality of the Decision until fully paid.

PRINCIPLES:

  • The elements of sexual abuse under Section 5(b), Article III of RA 7610 are: (a) the accused commits the act of sexual intercourse or lascivious conduct; (b) the said act is performed with a child exploited in prostitution or subjected to other sexual abuse; and (c) the child is below 18 years of age.

  • Acts of lasciviousness under the Revised Penal Code requires the presence of the following elements: (a) the offender commits any act of lasciviousness or lewdness; (b) the lascivious act is done under certain circumstances provided in the law; and (c) the offended party is another person of either sex.

  • Trial courts are in the best position to assess and evaluate the credibility and truthfulness of witnesses and their testimonies. Absent any clear showing of abuse, arbitrariness, or capriciousness committed by the trial court, its findings of facts are binding and conclusive.

  • The failure to designate the offense by statute, or to mention the specific provision penalizing the act, does not vitiate the information if the facts alleged clearly recite the facts constituting the crime charged.

  • The recital of facts in the information is what matters, not the title of the offense or the specific provision penalizing the act.

  • The proper penalty for lascivious conduct, when the victim is under 12 years of age, is reclusion temporal in its medium period. The minimum term of the indeterminate penalty shall be within the range of the penalty next lower in degree, which is reclusion temporal in its minimum period. The maximum term shall be that which could be properly imposed under the law.

  • A person may be convicted of rape if the prosecution proves beyond reasonable doubt that the accused had sexual intercourse with the victim by force or intimidation.

  • The court may impose civil indemnity, moral damages, and exemplary damages to compensate the victim for the physical, moral, and psychological injuries caused by the crime.