Ramilo v. People
G.R. No. 235841
June 3, 2019
FACTS:
The RTC
and CA convicted Manuel Barallas Ramilo for the crime of rape through sexual
assault. AAA’s father Manuel slept beside her. At around 6am the next day, CCC,
her mother, was already busy downstairs. AAA was about to go downstairs with
her sister when Manuel held her wrist. She knew that he was going to molest her
again like what he had been doing in the past. According to AAA, she uttered to
Manuel, "isusumbong ko kayo kay mama," but the latter replied
"isusumbong mo ako, papatayin kita." Thereafter, Manuel pulled AAA
and forced her to lie on the floor. He embraced her tightly and put his hand
inside her shorts and panty. Then, he inserted his finger inside her vagina,
moving it in and out for about five (5) minutes. When AAA's vagina became
painful, she struggled and pushed Manuel's hand away. She stood up, went
downstairs, and had breakfast. She did not tell anybody of the incident because
she was scared of Manuel's threat to kill her. In the afternoon of the same
day, AAA went to school at Malanday Elementary School. When her sister BBB
arrived thereat, she was called to the principal's office. When her school
principal talked to her, AAA disclosed to him the truth, that she was molested
by Manuel. Thereafter, a kagawad, a representative from the Department of
Social Welfare and Development and the police arrived. Subsequently, Manuel was
apprehended. AAA was then brought to a doctor for medical examination
ISSUE:
Whether
or not the CA erred in affirming the RTC
HELD:
No.
R.A. No. 7610, known as the Rules and Regulations on the Reporting and
Investigation of Child Abuse Cases, which pertinently provide: Section 2.
Definition of Terms. - As used in these Rules, unless the context requires
otherwise - (g) "Sexual abuse" includes the employment, use, persuas10n,
inducement, enticement or coercion of a child to engage in, or assist another
person to engage in, sexual intercourse or lascivious conduct or the
molestation, prostitution, or incest with children; h) "Lascivious
conduct" means 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.
First, through the credible testimony of AAA, the prosecution was
able to show that Manuel committed lascivious conduct against AAA when he
forced her to lie on the floor, embraced her tightly, put his hand inside her
shorts and panty, and inserted his finger inside her vagina, moving it in and
out for about five ( 5) minutes. Second,
in Quimvel, the Court ruled that
"'force and intimidation' is said to be subsumed under 'coercion and
influence' and such tenns are even used synonymously. This can be gleaned from
Black's Law Dictionary definitions of 'coercion' as 'compulsion; force;
duress,' of 'influence' as 'persuasion carried over to the point of
overpowering the will,' and of 'force' as 'constraining power, compulsion;
strength directed to an end'; as well as from jurisprudence which defines
'intimidation' as 'unlawful coercion; extortion; duress; putting in fear.
"' It is clear from the testimony of AAA that Manuel employed force,
intimidation, coercion, and influence upon her when he hugged her tightly and
even threatened to kill her should she tell anyone of his lascivious acts. Third, "a child is deemed
exploited in prostitution or subjected to other sexual abuse when the child
indulges in sexual intercourse or lascivious conduct (a) for money, profit or any
other consideration; or (b) under the coercion or any influence of any adult,
syndicate or group."In Tulagan,
the Court explained that on the one hand, the phrase "children exploited
in prostitution" contemplates four (4) scenarios: (a) a child, whether male or female who, for money, profit or any other
consideration, indulges in lascivious conduct; (b) a female child who, for
money, profit or any other consideration, indulges in sexual intercourse; ( c)
a child, whether male or female, who, due to the coercion or influence of any
adult, syndicate or group, indulges in lascivious conduct; and ( d) a female,
due to the coercion or influence of any adult, syndicate or group, indulges in
sexual intercourse.
Fourth, as previously mentioned, it is undisputed that AAA was only
twelve (12) years old at the time of the commission of the offense. Under
Section 3(a) of R.A. No. 7610, the term "children" refers to persons
below eighteen (18) years of age or those over, but unable to fully take care
of themselves or protect themselves from abuse, neglect, cruelty, exploitation
or discrimination because of a physical or mental disability or condition. In
view of the presence of all the elements of the crime, Manuel should be
convicted of Lascivious Conduct under Section S(b ), Article III of R.A. No.
7610.
No comments:
Post a Comment