Sec. 5 – Sexual Abuse penis in AAA’s vagina.

However, he admitted
touching AAA on April 19, 2006 but he did so only
G.R. No. 208469 August 13, 2014 because the latter initiated it. He also claimed that
People of the Philippines v. Samuel "Tiw-Tiw" he was very close to AAA and he treated her as if
Sanico she were his own child.

FACTS: The RTC convicted Sanico of both crimes charged,

finding AAA’s testimony of what had transpired as
AAA was 12 years old when the acts complained of sincere and truthful, noting though that a specific
were allegedly committed by Samuel Sanico allegation as to the exact date and month of the
(Sanico), who was a pig butcher and ice cream commission of rape in 2005 was absent. Further,
vendor, but was already 15 years of age at the time the court found no ill-motive from AAA which could
she testified in court. She claimed that the accused- have induced the latter to fabricate such grave
appellant raped her in 2005, but she could not recall charges.
the exact month and date. She remembered though
that she was raped at around 2:00 p.m.while she The CA affirmed RTC’s verdict of conviction against
was washing dishes in the kitchen. There was him but amended the penalty imposed on the crime
nobody else in the house except her and Sanico. of violation of Article 336 of the Revised Penal
The latter approached and held her hands tightly. Code, as amended in relation to R.A. [No.] 7610
She boxed him, but he pushed her. Thereafter, he (Acts of Lasciviousness). CA explained that during
threatened to kill her if she would shout. AAA was the trial, the prosecution was able to prove the
overcome by fear. He then succeeded in removing existence of the requisites of sexual abuse under
her clothes and undergarments and pushing her Section 5(b), R.A. No. 7610. Hence, imposing a
against the wall. He took off his short pants and higher penalty than what was ruled by the RTC.
briefs and inserted his penis into her vagina for two
to three minutes. AAA alleged that she was again ISSUE:
raped for six or seven times, but she endured the
harrowing experiences in silence due to Sanico’s Whether or not accused–appellant is guilty as
threat to kill her. charged for both crimes?
HELD:
On April 19, 2006, at around 1:00 p.m., AAA was
napping in a room with her niece. AAA woke up Yes. The Court affirmed the conviction of Sanico
when she felt that the accused-appellant was for both crimes charged against him but modified
touching her. AAA rose and repeatedly boxed him, the same by reinstating the penalty and damages
but the latter held her tightly, pulled up her clothes for lascivious conduct imposed by the RTC.
and mashed her breast. AAA’s father, CCC, was
just in another room at that time, but out of fear, she As to the crime of violation of Article 336 of the
kept quiet. When the accused-appellant took off his RPC, as amended in relation to R.A. No. 7610 (Acts
short pants and inserted his penis into AAA’s of Lasciviousness)
vagina, the latter resisted. Being merely built out of
wood, the house shook which caused CCC to wake Article III, Section 5, of RA 7610 reads:
up and caught Sanico performing lascivious acts on
AAA. Sanico then seized the opportunity to flee. Section 5. Child Prostitution and Other Sexual
Abuse.- Children, whether male or female,
On the same day, Dr. Orais performed a medico- who for money or profit, or any other
genital examination on AAA and found the latter to consideration or due to the coercion or
have suffered from sexual abuse. No human influence of any adult, syndicate or group,
spermatozoa were found in AAA’s vagina. Dr. Orais, indulge in sexual intercourse or lascivious
however, explained that even in the presence of conduct, are deemed to be children exploited
seminal fluid, there are cases when no sperm can in prostitution and other sexual abuse.
be found. Dr. Orais likewise noted no physical or
extra-genital injuries on AAA, but found ample The penalty of reclusion temporal in its
evidence of sexual intercourse having occurred medium period to reclusion perpetua shall be
more than one but less than four month/s ago. imposed upon the following:

Two separate Informations were filed against (a) x x x

Sanico before the RTC, one for the violation of (b) Those who commit the act of sexual
Article 336 of the RPC, as amended in relation to intercourse or lascivious conduct with a
R.A. [No.] 7610 (Acts of Lasciviousness) and one child exploited in prostitution or subject to
for Rape. other sexual abuse; Provided, That when
the victim is under twelve (12) years of
The accused-appellant was the lone witness for the age, the perpetrators shall be prosecuted
defense. He testified that he had never inserted his under Article 335, paragraph 3 for rape
 and Article 336 of Act No. 3815, as
amended, the RPC for rape or lascivious As to the crime of Rape
conduct, as the case may be; Provided,
That the penalty for lascivious conduct The following elements must be proven beyond
when the victim is under twelve (12) years reasonable doubt for conviction to be had in the
of age shall be reclusion temporal in its crime of rape,: (1) that the accused had carnal
medium period, x x x. knowledge of the victim; and (2) that said act was
accomplished (a) through the use of force or
Paragraph (b) punishes sexual intercourse or intimidation, or (b) when the victim is deprived of
lascivious conduct not only with a child exploited in reason or otherwise unconscious, or (c) when the
prostitution, but also with a child subjected to other victim is twelve years of age, or is demented.
sexual abuses. It covers not only a situation where a
child is abused for profit, but also where one – Sanico’s contention that the rape allegedly
through coercion, intimidation or influence – committed on April 19, 2006 was highly implausible
engages in sexual intercourse or lascivious conduct because of the absence of fresh lacerations and
with a child. spermatozoa in AAA’s vagina is untenable.
Repetitive as it may be, the rape was committed in
The definitions of sexual abuse and lascivious 2005 and not shortly before the medical
conduct under Section 2(g) and (h) of the IRR of RA examination conducted upon AAA on April 19, 2006.
7610, particularly on child abuse, are as follows:
Further, the Court ruled that it is unimaginable for a
(g) "Sexual abuse" includes the employment, young girl like AAA to concoct a tale of defloration,
use, persuasion, inducement, enticement drag herself and the rest of her family to a lifetime of
or coercion of a child to engage in, or shame, and make them the object of gossip among
assist another person to engage in, sexual their neighbors and friends if the accusation was
intercourse or lascivious conduct or the indeed untrue.
molestation, prostitution, or incest with
children;
Application of RPC vs. RA 7610
(h) "Lascivious conduct" means the intentional
touching, either directly or through clothing, G.R. No. 214497 April 18, 2017
of the genitalia, anus, groin, breast, inner Eduardo Quimvel vs. People of the Philippines
thigh, or buttocks, or the introduction of
any object into the genitalia, anus or FACTS:
mouth, of any person, whether of the same
or opposite sex, with an intent to abuse, AAA, who was seven years old at the time of the
humiliate, harass, degrade, or arouse or incident, is the oldest among the children of XXX
gratify the sexual desire of any person, and YYY. XXX worked as a household helper in
bestiality, masturbation, lascivious Batangas while YYY was a Barangay Tanod who
exhibition of the genitals or [pubic] area of derived income from selling vegetables. AAA and
a person. x x x her siblings, BBB and CCC, were then staying with
YYY in Palapas, Ligao City.
The elements of sexual abuse under Section 5,
Article III of RA 7610 are the following: (1) the On the other hand, Quimvel, at that time, was the
accused commits the act of sexual intercourse caretaker of the ducks of AAA's grandfather. He
or lascivious conduct; (2) the said act is lived with AAA's grandparents whose house was
performed with a child exploited in prostitution just a few meters away from YYY's house.
or subjected to other sexual abuse; and (3) the
child, whether male or female, is below 18 years It was around 8pm when YYY (father) went out of
of age. the house to buy kerosene since there was no
electricity. AAA was left in the house together with
Indubitably, Sanico is guilty of acts of lasciviousness her siblings BBB and CCC. Quimvel arrived with a
under the provision cited after having admitted the vegetable viand. AAA requested Quimvel to stay
lascivious conduct he made with AAA. It is with them because they were afraid. Quimvel
undisputed that AAA was still 12 years old when the agreed to accompany them. When AAA and her
crime happened and as admitted by himself, he was siblings went to sleep, AAA was arose because she
touching AAA because AAA was looking for money felt Quimvel’s right leg on top of her body and was
inside his pocket and he told AAA to remove her caressing his vagina. She removed his hand.
short pants for him to see her private part. x x x. It is Quimvel was about to leave when YYY arrived.
important to note however that a child is deemed When asked what he was doing in their house, he
subjected to other sexual abuse when the child said that he was merely accompanying YYY’s
indulges in lascivious conduct under the coercion or children.
influence of any adult.
Few days later, XXX (mother) arrived from People of the Philippines vs. Francisco Ejercito
Batangas. She asked her children what they were
doing while she was away. BBB told their mother FACTS:
that Quimvel touched her Ate. AAA, then, recounted
what Quimvel did to her. XXX and YYY immediately At around six (6) o'clock in the evening, AAA, then a
reported the incident to the police station. fifteen (15) year old high school student, was
Afterwards, they brought AAA to a doctor for cleaning the chicken cage at the back of their house
medical examination. located when suddenly, she saw Francisco Ejercito
(Ejercito) pointing a gun at her saying, "Ato ato Zang
When arrested, Quimvel denied all allegations. He ni. Sabta Zang ko. Ayaw gyud saba para dili
said that he never went to AAA's house that madamay imo pamilya. ''AAA pleaded, "'Tang, don't
evening. He was charged of the crime of acts of do this to me'' but the latter replied, "Do you want
lasciviousness in relation to Sec. 5(a) Art. III of RA me to kill you? I will even include your mother and
7610. father." Thereafter, Ejercito dragged AAA to a
nearby barn, removed her shorts and underwear,
The RTC found Quimvel guilty as charged. CA while he undressed and placed himself on top of
affirmed the decision of RTC. Hence, this petition. her. He covered her mouth with his right hand and
One of the issues raised by Quimvel is that used his left hand to point the gun at her, as he
assuming that he was guilty, Article 336 of the inserted his penis into her vagina and made back
Revised Penal Code (RPC) should be applied and and forth movements. When he finished the sexual
not Section 5(b) of RA 7610. act, Ejercito casually walked away and warned AAA
not to tell anybody or else, her parents will get killed.
ISSUE:
Trying to forget her harrowing experience, AAA
Whether or not CA correctly convicted Quimvel moved to the city to pursue her studies. However,
under Section 5(b) of RA 7610? Ejercito was able to track her down. She became
his sex slave and was forced to use shabu. AAA
HELD: eventually became drug dependent and Ejercito’s
paramour from 2002 to 2005.
Yes. Quimvel should be charged and convicted
under Sec. 5(b) of RA 7610. Upon discovery of Ejercito’s wife and AAA’s mother,
AAA was taken from Ejercito, and the latter was
The Court finds that the Information has sufficiently charged of the crime of Rape. Accused-appellant
alleged the existence of all the elements constituting averred that during the existence of their affair from
the violation of Section 5(b) of RA 7610. Quimvel 2002 to 2004, he and AAA frequently had
alleged that the element that “the victim is exploited consensual sex and the latter even abandoned her
in prostitution or subjected to other sexual abuse” family in order to live with him in various places.
was absent in the case at bar.
RTC found Ejercito guilty as charged, and CA
Sec. 5(a) of RA 7610 punishes acts pertaining to or affirmed the decision but with modification, applying
connected with child prostitution wherein the child is the Old Rape Law or the Article 335 of the Revised
abused primarily for profit. Section 5(b) of the RA Penal Code. The CA did not give credence to his
7610 punishes sexual intercourse or sweetheart defense, pointing out that
lasciviousness conduct committed on a child assuming arguendo that he indeed eventually had a
subjected to other sexual abuse. It covers not relationship with AAA, their first sexual encounter in
only situation where a child is abused for profit 2001 was without the latter's consent and was
but also one in which a child, through coercion, attended with force and intimidation as he pointed a
intimidation or influence, engages in sexual gun at her while satisfying his lustful desires.
intercourse or lasciviousness conduct. Hence,
the law punishes not only child prostitution but also ISSUE:
other forms of sexual abuse against children.
Whether or not the crime charged is correct?
Further, based on the deliberation of the Senate, the
original wordings of Sec. 5 of RA 7610 was HELD:
expanded so as to cover abuses that are not
characterized by gain, monetary or otherwise. The No. The Supreme Court ruled that Ejercito is guilty
abuse suffered by AAA clearly falls under the said for the crime of Rape under Article 266-A of the
expanded scope and the lasciviousness conduct RPC as amended by RA 8353, and not of Article
was committed through use of force and 335 of the same Code. Section 5 (b), Article III of
intimidation. RA 7610 in relation to RA 8353 was also not applied
Lascivious conduct RA 7610 v. Art. 336 in this case.

G.R. No. 229861 JULY 2, 2018

Under Section 5 (b), Article III of RA 7610 in relation rape cases involving minors, RA 8353 should be
to RA 8353, if the victim of sexual abuse is below 12 uniformly applied.
years of age, the offender should not be prosecuted
for sexual abuse but for statutory rape under Article
266-A (1)(d) of the Revised Penal Code and G.R. No. 218970, June 28, 2017
penalized with reclusion perpetua. On the other
hand, if the victim is 12 years or older, the offender RICHARD ESCALANTE, Petitioner, v. PEOPLE OF THE
should be charged with either sexual abuse under PHILIPPINES, Respondent.
Section 5 (b) of RA 7610 or rape under Article 266-
A (except paragraph 1 [d]) of the Revised Penal FACTS:
Code. However, the offender cannot be accused of Escalante was charged with the crime of child abuse committed
both crimes for the same act because his right against AAA, who was then a twelve (12) year old minor. When
against double jeopardy will be prejudiced. arraigned, he pleaded "not guilty." Thereafter, trial ensued.

The elements of Rape under Section 266-A of the At around midnight of December 24, 2006, AAA accompanied his
RPC are: (1) the offender had carnal knowledge of classmate Mark in going home. On his way back from Mark's
the victim; and (2) such act was accomplished house, AAA was called by Escalante and was pulled into a comfort
through force or intimidation; or when the victim is room at the Divine School in Parada, Valenzuela City. Once inside,
deprived of reason or otherwise unconscious; by Escalante pulled down AAA's shorts and sucked the latter's penis
means of fraudulent machination or grave abuse of for about ten (10) minutes. Shortly thereafter, he forcibly inserted
authority; or when the victim is under twelve years AAA's penis into his anus.
of age. The gravamen of Rape is sexual intercourse
with a woman against her will. Four (4) days after the incident, AAA complained to his mother that
he was experiencing pain in his penis and had difficulty in
urinating. He divulged the incident to his mother, who then brought
Article 335 of the RPC was already amended by RA
him to the Fatima Medical Center for examination. In the course of
8353 in 1997. RA 8353 re-classify the crime of Rape
the examination, it was determined that he was afflicted with
from being a crime against chastity to a crime gonorrhoea, a sexually-transmitted disease and urinary tract
against persons, it also provided· for more infection.
particularized instances of rape and conjunctively, a
new set of penalties therefor. The defense of Escalante was alibi.
The RTC found Escalante guilty of violating Section 10(a) of R.A.
The Court further explained why Article 266-A No. 7610. It ruled that the totality of the prosecution's evidence was
applies in this case rather than Section 5 (b) of RA sufficient to establish that he physically and sexually abused AAA.
7610 or the Special Protection of Children Against
Abuse, Exploitation and Discrimination Act, which Aggrieved, Escalante appealed before the CA. In his Appellant's
also penalizes rape committed against a minor. The Brief, he contended that he was not positively identified by AAA as
prosecution was able to establish the fact that his abuser. The CA affirmed Escalante's conviction for the crime of
Ejercito committed the act of sexual intercourse child abuse under Section 10(a) of R.A. No. 7610. It held that
against and without the consent of AAA, who was AAA's testimony was credible because there was no reason for
only 15 years old at that time, as such, she is him to fabricate such a story, considering that he was only a child
considered under the law as a child who is and it was unlikely that he would place himself in such a
"exploited in prostitution or subjected to other sexual humiliating experience.
abuse;" hence, may as well be classified as a Hence, this appeal.
violation of Section 5 (b) of R.A. 7610. However, it is
a rule in statutory construction that when there are ISSUE
two penal laws which may both theoretically apply to
the same case, then the law which is more special WHETHER THE COURT OF APPEALS ERRED IN AFFIRMING
THE DECISION OF THE REGIONAL TRIAL COURT FINDING
in nature, regardless of the time of enactment,
HEREIN PETITIONER GUILTY DESPITE REASONABLE DOUBT
should prevail.
OWING TO THE FACT THAT THE PETITIONER WAS NOT
REALLY POSITIVELY IDENTIFIED BY THE PRIVATE
The Court observes that RA 8353 amending the COMPLAINANT.
RPC should now be uniformly applied in cases
involving sexual intercourse committed against RULING:
minors, and not Section 5 (b) of RA 7610. Indeed, NO.
while RA 7610 has been considered as a special
Escalante was sufficiently and appropriately identified
law that covers the sexual abuse of minors, RA
8353 has expanded the reach of our already
In People v. Pineda,12 the Court laid down the guidelines in
existing rape laws. These existing rape laws should identifications of accused through photographs, to wit:
not only pertain to the old Article 335 of the RPC but
also to the provision on sexual intercourse under The first rule in proper photographic identification procedure is that
Section 5 (b) of RA 7610. Apart from the fact that a series of photographs must be shown, and not merely of that of
RA 8353 was passed later than RA 7610, the former the suspect. The second rule directs that when a witness is shown
is a more comprehensive law on rape. Therefore, in
a group of pictures, their arrangement and display should in no provisions of R.A. No. 7610. Parenthetically, the offense will not fall
way suggest which one of the pictures pertains to the suspect.1 under Section 10(a) of R.A. No. 7610 if the same is specifically
penalized by a particular provision of the law such as Section 5(b)
The said guidelines are necessary considering that the out-of-court
for sexual abuse.
identification of an accused is susceptible to suggestiveness.
These paramaters are in place to make the identification of the
G.R. No. 196342, August 08, 2017
accused as objective as possible.
PEOPLE OF THE PHILIPPINES, Petitioner, v. NOEL GO CAOILI
ALIAS "BOY TAGALOG", Respondent.
In the case at bench, there is no reason to doubt AAA's
G.R. No. 196848, August 8, 2017
identification of Escalante. It is noteworthy that the identification
was done in open court. Further, the trial court adopted a similar
NOEL GO CAOILI, Petitioner, v. PEOPLE OF THE PHILIPPINES,
manner with out-of-court identifications through photographs. As
culled from the records, AAA was presented with several pictures Respondent.
in open court from which he was asked to pinpoint who was his
abuser. He was able to identify Escalante without any leading FACTS:
question which clearly suggests that the picture identified was that
of the latter. The victim, AAA, testified that on October 23, 2005, at 7:00p.m.,
her father, Caoili, sexually molested her at their house located in
Thus, AAA's identification was objective enough to be credible Barangay JJJ, Municipality of KKK, in the Province of LLL. Caoili
because it was done under court supervision and with the added kissed her lips, touched and mashed her breast, inserted the fourth
parameters usually observed in out-of-court identifications. finger of his left hand into her vagina, and made a push and pull
Significantly, no objections were raised over the manner in which movement into her vagina with such finger for 30 minutes. AAA felt
Escalante was identified, which, it must be noted, was only excruciating pain during and after the ordeal. Against her father's
resorted to because he failed to appear in court for identification. harsh warning not to go out of the house, AAA proceeded to the
house of her uncle, BBB.
Further, AAA positively identified Escalante. Alibis and denials are
worthless in light of positive identification by witnesses who have On October 26, 2005, AAA disclosed to Emelia Loayon (Loayon),
no motive to falsely testify.16 The RTC and the CA found no cogent the guidance counselor at AAA's school, the sexual molestation
reason for AAA to fabricate his allegations against Escalante. and physical violence committed against her by her own father.
Loayon accompanied AAA to the police station to report the sexual
Child Abuse under Section 5(b) of R.A. No. 7610, not Section and physical abuse. AAA also executed a sworn statement 13
10(a) thereof regarding the incident before the Municipal Mayor.14

Escalante was convicted by the RTC of child abuse under Section AAA underwent a medical examination conducted by Dr. Ramie
10(a) of R.A. No. 7610. The correct provision, however, should be Hipe (Dr. Hipe) at the [KKK] Medicare Community Hospital. Dr.
Section 5(b) of R.A. No. 7610, which imposes a higher penalty of Hipe referred AAA to a Medical Specialist, Dr. Lucila Clerino (Dr.
reclusion temporal in its medium period to reclusion perpetua. Clerino), for further Medico-Legal examination and vaginal smear.
Section 5(b) of R.A. No. 7610 Dr. Clerino issued a Supplementary Medical Certificate indicating
that AAA's hymenal area had lacerations complete at 6 o'clock and
Sec. 5. Child Prostitution and Other Sexual Abuse . — Children, 9 o'clock superficial laceration at 12 o'clock.17
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 For his defense, Caoili denied molesting AAA.
conduct, are deemed to be children exploited in prostitution and
other sexual abuse. The RTC rendered its Decision declaring Caoili guilty of rape by
sexual assault.
The penalty of reclusion temporal in its medium period to reclusion
perpetua shall be imposed upon the following: The CA SET ASIDE the assailed decision. The CA held that
although Caoili is clearly guilty of rape by sexual assault, what the
xxx trial court should have done was to direct the State Prosecutor to
(b) Those who commit the act of sexual intercourse or lascivious file a new Information charging the proper offense, and after
conduct with a child exploited in prostitution or subjected to other compliance therewith, to dismiss the original Information.
sexual abuse: xxx
On the other hand, Section 10(a) thereof states ISSUE:
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation
and Other Conditions Prejudicial to the Child's Development — WHETHER THE PROSECUTION HAS SUFFICIENTLY
(a) Any person who shall commit any other acts of child abuse, ESTABLISHED BEYOND REASONABLE DOUBT THE GUILT OF
cruelty or exploitation or be responsible for other conditions CAOILI ON THE CRIME CHARGED IN THE INFORMATION;
prejudicial to the child's development including those covered by
Article 59 of Presidential Decree No. 603, as amended, but not RULING:
covered by the Revised Penal Code, as amended, shall suffer the
penalty of prision mayor in its minimum period.
YES. The prosecution has established rape by sexual assault.
As can be gleaned from the above-mentioned provisions, Section
5(b) of R.A. No. 7610 specifically applies in case of sexual abuse R.A. No. 8353 or the "Anti-Rape Law of 1997" amended Article
committed against children; whereas, Section 10(a) thereof 335, the provision on rape in the RPC, reclassifying rape as a
punishes other forms of child abuse not covered by other crime against persons and introducing rape by "sexual assault," as
differentiated from rape through "carnal knowledge" or rape 18 years of age or those over but are unable to fully take care of
through "sexual intercourse."31 Incorporated into the RPC by R.A. themselves or protect themselves from abuse, neglect, cruelty,
No. 8353, Article 266-A reads: exploitation or discrimination because of a physical or mental
disability or condition."
Article 266-A. Rape, When and How Committed. Rape is
committed - It is undisputed that at the time of the commission of the lascivious
act, AAA was fourteen (14) years, one (1) month and ten (10) days
1) By a man who shall havecarnal knowledge of a woman under old. This calls for the application of Section 5(b) of R.A. No. 7610 66
any of the following circumstances: which provides:

(a) Through force, threat or intimidation; SEC. 5. Child Prostitution and Other Sexual Abuse. Children,
whether male or female, who for money, profit, or any oer
consideration or due to the coercion or influence of any adult,
(b) When the offended party is deprived of reason or is otherwise
syndicate or group, indulge in sexual intercourse or lascivious
unconscious;
conduct, are deemed to be children exploited in prostitution and
other sexual abuse.
(c) By means of fraudulent machination or grave abuse of
authority; [and]
The penalty of reclusion temporal in its medium period to reclusion
perpetua shall be imposed upon the following:
(d) When the offended party is under twelve (12) years of age or is
demented, even though none of the circumstances mentioned
xxxx
above be present[.]

(b) Those who commit the act of sexual intercourse or lascivious

2) By any person who, under any of the circumstances mentioned
conduct with a child exploited in prostitution or subjected to other
in paragraph 1 hereof, shall commit an act of sexual assault by
sexual abuse: Provided, That when the victim is under twelve (12)
inserting his penis into another person's mouth or anal orifice, or
years of age, the perpetrators shall be prosecuted under Article
any instrument or object, into the genital or anal orifice of another
335, paragraph 3, for rape and Article 336 of Act No. 3815, as
person.32 (Emphasis ours)
amended, the Revised Penal Code, for rape or lascivious conduct,
as the case may be: Provided, That the penalty for lascivious
Thus, rape under the RPC, as amended, can be committed in two conduct when the victim is under twelve (12) years of age shall be
ways: reclusion temporal in its medium period. (Emphasis ours.)

(1) Article 266-A paragraph 1 refers to rape through sexual The elements of sexual abuse under Section 5(b) of R.A. No. 7610
intercourse, also known as "organ rape" or "penile rape." The are as follows:
central element in rape through sexual intercourse is carnal
knowledge, which must be proven beyond reasonable doubt.
(1) The accused commits the act of sexual intercourse or
lascivious conduct;
(2) Article 266-A paragraph 2 refers to rape by sexual assault, also
called "instrument or object rape," or "gender-free rape." It must be
(2) The said act is performed with a child exploited in prostitution or
attended by any of the circumstances enumerated in sub-
subjected to other sexual abuse; and
paragraphs (a) to (d) of paragraph 1.33 (Emphasis ours)

(3) The child, whether male or female, is below 18 years of age. 67

Through AAA's testimony, the prosecution was able to prove that
(Emphasis ours)
Caoili molested his own daughter when he inserted his finger into
her vagina and thereafter made a push and pull movement with
such finger for 30 minutes,34 thus, clearly establishing rape by The prosecution's evidence has sufficiently established the
sexual assault35 under paragraph 2, Article 266-A of the RPC. elements of lascivious conduct under Section 5(b) of R.A. No.
7610.
Caoili, however, questions AAA's credibility, arguing that her
testimony lacked veracity since she harbored hatred towards him
due to the latter's strict upbringing.36
In the case at bar, AAA was a little over 14 years old when the
The Court however, oppugns the veracity of Caoili's claim. lascivious conduct was committed against her. Thus, We used the
nomenclature "Lascivious Conduct" under Section 5(b) of R.A. No.
7610.
It is settled that ill motives become inconsequential if there is an
affirmative and credible declaration from the rape victim, which
clearly establishes the liability of the accused. Accordingly, for the guidance of public prosecutors and the courts,
the Court takes this opportunity to prescribe the following
guidelines in designating or charging the proper offense in case
Caoili can be convicted of the crime of lascivious conduct under lascivious conduct is committed under Section 5(b) of R.A. No.
Section 5(b) of R.A. No. 7610. 7610, and in determining the imposable penalty:

R.A. No. 7610 finds application when the victims of abuse, 1. The age of the victim is taken into consideration in designating
exploitation or discrimination are children or those "persons below or charging the offense, and in determining the imposable penalty.
2. If the victim is under twelve (12) years of age, the nomenclature ISSUE:
of the crime should be "Acts of Lasciviousness under Article 336 of
the Revised Penal Code in relation to Section 5(b) of R.A. No. Whether or not the accused is guilty of the crime charged.
7610." Pursuant to the second proviso in Section 5(b) of R.A. No.
7610, the imposable penalty is reclusion temporal in its medium RULING:
period.
NO. The CA did not commit error in finding accused-appellant not
3. If the victim is exactly twelve (12) years of age, or more than liable for rape. In the present case, the combination of all the
twelve (12) but below eighteen (18) years of age, or is eighteen circumstances presented by the prosecution does not produce a
(18) years old or older but is unable to fully take care of conviction beyond reasonable doubt against Edwin for the crime of
herself/himself or protect herself/himself from abuse, neglect, rape.
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 Here, the evidence of the prosecution failed to establish that Edwin
imposable penalty is reclusion temporal in its medium period to had carnal knowledge of AAA. Michael's testimony did not show
reclusion perpetua. that Edwin had carnal knowledge with AAA. He only testified that
he saw Edwin holding AAA's vagina.
G.R. No. 219889
Clearly, Michael and Jomie's testimonies failed to prove that Edwin
inserted his penis [into] AAA's vagina. What they saw was only his
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee act of fondling AAA's private part which is not rape.
vs.
EDWIN DAGSA y BANTAS @ "WING WING", Accused-Appellant
Nonetheless, the Court agrees with the ruling of the CA that
accused-appellant is guilty of the crime of acts of lasciviousness.
On October 11, 2004, the victim, AAA, a young girl who was then Under the variance doctrine embodied in Section 4, 18 in relation to
four (4) years old, was walking home with two of her classmates Section 5,19 Rule 120 of the Rules of Criminal Procedure and
after having been dismissed from their class in Kapangan, affirmed by settled jurisprudence,20 even though the crime charged
Benguet. While they were on their way home, herein accused- against the accused was for rape through carnal knowledge, he
appellant, who is the cousin of AAA's father, blocked their path and can be convicted of the crime of acts of lasciviousness without
told AAA's classmates to go ahead as he would be 'giving AAA a violating any of his constitutional rights because said crime is
candy. AAA's classmates left her and, after walking a little farther, included in the crime of rape.
they looked back and saw accused-appellant remove AAA's panty
and proceeded to fondle her vagina. The following day, while BBB
was giving AAA a bath, the latter refused that her vagina be The ruling of the CA finding accused-appellant guilty of the crime of
washed claiming that it was painful. Upon her mother's inquiry, acts of lasciviousness is based on the testimonies of the two
AAA replied that accused-appellant played with her vagina and classmates of the victim, AAA, who saw accused-appellant fondle
inserted his penis in it. They then proceeded to the police station to the latter's vagina. Witness, Michael, clearly narrated the details of
report the incident. A criminal complaint for rape was eventually the fondling incident and positively identified accused-appellant as
filed against accused-appellant. In an Information dated November the perpetrator. In a simple, spontaneous, and straightforward
25, 2004, the Provincial. Prosecutor of Benguet charged accused- manner.
appellant with the crime of rape as defined under Article 266-A,
paragraph 1 (d) and penalized under Article 266-B, paragraph 6(5), The CA found accused-appellant guilty of the crime of acts of
both of the Revised Penal Code (RPC), as amended by Republic lasciviousness under Article 336 of the RPC, in relation to Section
Act No. 83533 (RA 8353), in relation to Republic Act No. 7610 4 (RA 5 (b), Article III of RA 7610, which defines and penalizes acts of
7610). lasciviousness committed against a child, as follows:

After trial, the RTC rendered its Judgment finding accused- Section 5. Child Prostitution and Other Sexual Abuse. - Children,
appellant guilty as charged. In convicting accused-appellant, the whether male or female, who for money, profit, or any other
RTC gave full credence to the testimonies of the prosecution consideration or due to the coercion or influence of any adult,
witnesses finding them to be straightforward, categorical, syndicate or group, indulge in sexual intercourse or lascivious
convincing and bearing the hallmark of truth. conduct, are deemed to be children exploited in prostitution and
other sexual abuse.
Accused-appellant appealed8 his case with the CA contending that
the testimonies of AAA's mother and the police officer who took the The penalty of reclusion temporal in its medium period to reclusion
statement of the mother are not circumstantial evidence but, in perpetua shall be imposed upon the following:
fact, are hearsay evidence.
x x x           x x x          x x x
The CA found that the evidence of the prosecution failed to
establish that [accused-appellant] had carnal knowledge of AAA." (b) Those who commit the act of sexual intercourse or lascivious
The CA, nonetheless, held that accused-appellant may be conduct with a child exploited in prostitution or subject to other
convicted of the crime of acts of lasciviousness as the said crime is sexual abuse; Provided, That when the victims is under twelve (12)
included in the crime of rape, and the elements of which were years of age, the perpetrators shall be prosecuted under Article
sufficiently established during trial. 335, paragraph 3, for rape and Article 336 of Act No. 3815, as
amended, the Revised Penal Code, for rape or lascivious conduct,
Hence, this appeal was instituted. as the case may be: Provided, That the penalty for lascivious
conduct when the victim is under twelve (12) years of age shall be which was near the place of the incident. Soon thereafter, Jabalde
arrived and slapped him on his neck and choked him. Lin was able
reclusion temporal in its medium period; x x x to get out of her hold when he removed her hands from his neck.
He immediately ran towards their house some 500 meters away
from the school. He told his mother Aileen about the incident.
x x x           x x x          x x x Thereafter, he was brought to Sta. Catalina Hospital for treatment
8
and a medical certificate was then issued to him. chanrobleslaw

The essential elements of this provision are: Dr. Muñoz testified that she was the physician who issued the
medical certificate to Lin on December 13, 2000 for the physical
examination conducted upon the latter. Dr. Muñoz stated that Lin
1. The accused commits the act of sexual sustained abrasions: two (2) linear abrasions 1 cm in length at
intercourse or lascivious conduct. the base of the right mandibular area; one (1) linear abrasion 1
inch in length at the right lateral neck; two (2) linear abrasions 1
cm in length at the back of the neck; and four (4) minute circular
2. The said act is performed with a child abrasions at the left lateral neck. According to her, the abrasions
could have been caused by a hard object but mildly inflicted and
exploited in prostitution or subjected to other that these linear abrasions were signs of fingernail marks.
sexual abuse. Moreover, the abrasions were greenish in color signifying that
they were still fresh. She did not notice other injuries on the body
9
of Lin except those on his neck.
3. The child, whether male or female, is below
chanrobleslaw

18 years of age.32 Ray Ann, the classmate and playmate of Lin, testified that she
knows Jabalde because she was a teacher at Cawitan Elementary
School. At about 9:00 a.m. of December 13, 2000, she was playing
As to the first element, paragraph (h), Section 2 of the "langit lupa" with Lin, Nova, Ryan and Rhea. Nova, who was
standing on top of an unstable stone fell on the ground and
Implementing Rules and Regulations of RA 7 610 defines thereafter hit her head on the stone. Then, somebody called
lascivious conduct as a crime committed through the intentional Jabalde, Nova's mother. When Jabalde came to see her daughter,
she struck Lin on his neck then squeezed it. Lin cried and was able
touching, either directly or through the clothing of the genitalia, to free himself and ran towards their house. Jabalde then
anus, groin, breast, inner thigh or buttocks with the intent to abuse, shouted, "Better that you are able to free yourself because if not I
10
humiliate, harass, degrade, or arouse or gratify the sexual desire of should have killed you."  Ray Ann saw Lin again after their class
any person, among others. Records show that the prosecution duly dismissal at 11:00 a.m. when she went to their house. Lin did not
return to school again because he was afraid of Jabalde. During
established this element when the witnesses positively testified cross examination, Ray Ann testified that Lin did not run into the
that accused-appellant fondled AAA's vagina sometime in October dilapidated building after the incident and that she was near them
11
2004. when Jabalde struck Lin. chanrobleslaw

Aileen testified that Lin is her son who was born on September 4,
The second element requires that the lascivious conduct be 1993, and at the time of the incident, he was still 7 years old. That
committed on a child who is either exploited in prostitution or at about 10:00 a.m. of December 13, 2000, Lin came home crying
and trembling. Lin told her that he was strangled by Jabalde, who
subjected to other sexual abuse. 33 This second element requires happens to be Aileen's aunt and Lin's grandmother. Lin was
evidence proving that: (a) AAA was either exploited in prostitution running back and forth crying but Aileen noticed his neck with
scratches. Thereafter, she went to see his teacher-in-charge
or subjected to sexual abuse; and (b) she is a child as defined whom she asked for details of the incident. While in the school
under RA 7610.34 campus, she did not see Jabalde. She also testified that they went
to Dr. Muñoz for the examination of her son's injuries. Afterwards,
they went home. Her son no longer returned to the school
because of fear but they let him pass on that school year. During
Anent the third element, there is no dispute that AAA was four cross-examination, she testified that Jabalde's house is just
years old at the time of the commission of the crime. 1âwphi1 Thus, adjacent to their house in Cawitan, Sta. Catalina. Aileen also filed
on the basis of the foregoing, the Court finds that the CA correctly two cases against her for stealing and physical injuries in the year
2002 in Sta. Catalina. After she filed two cases, she then filed the
found accused-appellant guilty of the crime of acts of instant complaint in the Provincial Prosecution's Office in
lasciviousness under Article 336 of the RPC in relation to Section 5 Dumaguete City. She said it took her until 2002 to file the present
charges against Jabalde because she was still pregnant during the
(b), Article III of RA 7610. time of the incident and that her husband was still assigned in
Surigao. She admitted that when she was still a child, she already
feared Jabalde. She also initiated the filing of the present case
THIRD DIVISION because she heard that if she will not file a case against Jabalde,
12
the latter instead will file a case against them.
G.R. No. 195224, June 15, 2016
chanrobleslaw

The defense, on the other hand, presented Jabalde herself She testified
VIRGINIA JABALDE Y JAMANDRON, Petitioner, v. PEOPLE OF THE that she is a school teacher at Cawitan Elementary School for 18 years.
PHILIPPINES, Respondent. Lin is her grandson and that his mother Aileen is her niece. She
remembered that it was about 10:00 a.m. of December 13, 2000, she
was teaching Mathematics when some children went to her classroom and
DECISION shouted "Mam Jabalde, Ma'm Jabalde, Nova's head was punctured
13
(nabuslot)".  Thinking that her daughter was dead, her vision got
REYES, J.: blurred and she fainted. When she returned into consciousness, she sat
on her chair in front of the board for about 5 to 10 minutes. The children
then came again and shouted that her daughter's head got punctured.
Facts: She ran towards her daughter's classroom while at the same time,
looking for a gathering of people in the hope of finding her daughter. But,
before reaching the place of the incident, she saw her grandson Lin
The witnesses presented by the prosecution were: Lin J. Bito-on
crying. She asked him the whereabouts of Nova but he just kept on
(Lin), the minor victim; Dr. Rosita Muñoz (Dr. Muñoz), the
jumping and so she held him still. Lin said, "Lola[,] forgive me, forgive
physician who examined Lin; Ray Ann Samson (Ray Ann), the
14
classmate of Lin who witnessed the incident; and Aileen Bito-on me"  and immediately ran. Jabalde proceeded to her daughter's room
7 and saw the latter seated on the desk. Thereafter, she brought Nova to
(Aileen), the mother of Lin.
her own classroom and applied first aid. Then she resumed teaching. She
chanrobleslaw

believed that there was a motive in filing the instant complaint which has
Lin testified that in the year 2000, he was a Grade 1 pupil of
15
Cawitan Elementary School. At around 9:00 a.m. of December 13, something to do with a family grudge because of inheritance. chanrobleslaw

2000, he was playing "langit lupa" during recess with Ray Ann,
Marco, Nova and another classmate. During the course of their Another defense witness Rhealuz Pedrona, playmate of Nova and Lin,
game, he touched the shoulder of Nova, Jabalde's daughter, testified that Nova got injured while they were playing "langit lupa"
causing the latter to fall down and wounding her head. He then during their recess on December 13, 2000. She went to Jabalde to inform
helped Nova to stand while one of his classmates called Jabalde. her that Nova's head was punctured. Jabalde immediately ran to the
Afraid of what happened, he ran towards a dilapidated building, place of incident. She, however, did not see Jabalde slap or choke
 16 as food and shelter; or
Lin. chanrobleslaw

(4) Failure to immediately give medical treatment to an injured

17 child resulting in serious impairment of his growth and
In its Judgment  promulgated on May 31, 2006, the RTC found
Jabalde guilty beyond reasonable doubt for violation of Section development or in his permanent incapacity or death.
10(a), Article VI, of R.A. No. 7610. The dispositive portion of the
judgment reads: 35
ChanRoblesVirtualawlibrary

In the recent case of Bongalon v. People,  the Court expounded the

definition of "child abuse" being referred to in R.A. No. 7610. In that case,
WHEREFORE, the prosecution having proved the guilt of [Jabalde] therein petitioner was similarly charged, tried, and convicted by the lower
beyond reasonable doubt of violation of paragraph (a), Section courts with violation of Section 10(a), Article VI of R.A. No. 7610. The
10, Article VI of R.A. 7610, as amended, [Jabalde] is Convicted. Court held that only when the laying of hands is shown beyond
Appreciating in her favor the mitigating circumstance of passion reasonable doubt to be intended by the accused to debase, degrade or
and obluscation, and applying the provisions of the indeterminate demean the intrinsic worth and dignity of the child as a human being
sentence law, [Jabalde] is hereby sentenced to an indeterminate should it be punished as child abuse, otherwise, it is punished under the
penalty of imprisonment ranging from six (6) months and one (1) RPC, to wit: ChanRoblesVirtualawlibrary

day of prision correccional in its minimum period, as minimum to

six (6) years and one (1) day of prision mayor in its minimum
Although we affirm the factual findings of fact by the RTC and the
period, as maximum
CA to the effect that the petitioner struck Jayson at the back with
his hand and slapped Jayson on the face, we disagree with their
The bond posted for her temporary liberty is hereby ordered
holding that his acts constituted child abuse within the purview of
release.
the above-quoted provisions. The records did not establish
beyond reasonable doubt that his laying of hands on Jayson had
SO ORDERED.18
been intended to debase the "intrinsic worth and dignity" of
chanroblesvirtuallawlibrary

Naturally dissatisfied with the trial court's decision, Jabalde

Jayson as a human being, or that he had thereby intended to
appealed to the CA.
humiliate or embarrass Jayson. The records showed the laying of
hands on Jayson to have been done at the spur of the moment
and in anger, indicative of his being then overwhelmed by his
Ruling of the CA fatherly concern for the personal safety of his own minor
daughters who had just suffered harm at the hands of Jayson and
On August 12, 2010, the CA dismissed Jabalde's appeal and Roldan. With the loss of his self-control, he lacked that specific
19 intent to debase, degrade or demean the intrinsic worth and
affirmed the RTC decision with modification.  The dispositive dignity of a child as a human being that was so essential in the
portion of the decision reads: ChanRoblesVirtualawlibrary crime of child abuse.36 (Emphasis ours and italics in the original)
Jabalde was accused of slapping and striking Lin, hitting the latter
on his nape, and immediately thereafter, choking the said
WHEREFORE, the 31 May 2006 Decision, of the [RTC], Branch 63, 37
Bayawan City, Negros Oriental, is AFFIRMED with offended party causing the latter to sustain injuries.  However,
MODIFICATION that [Jabalde] is hereby sentenced to suffer the the records of the case do not show that Jabalde intended to
penalty of four (4) years, nine (9) months and eleven (11) days of debase, degrade or demean the intrinsic worth and dignity of Lin
prision correccional, as minimum, to six (6) years, eight (8) as a human being.
months and one (1) day of prision mayor, as maximum.
Black's Law Dictionary defined debasement as "the act of
SO ORDERED.20 chanroblesvirtuallawlibrary
reducing the value, quality, or purity of
38
something."  Degradation, on the other hand, is "a lessening of
Jabalde filed a motion for reconsideration but it was denied by the 39
CA on January 4, 2011 a person's or thing's character or quality."  Webster's Third New
International Dictionary defined demean as "to lower in status,
40
Issue: condition, reputation, or character." chanrobleslaw

The laying of the hands on Lin was an offshoot of Jabalde's

1. Whether or not Jabalde is guilty of violation of Section 10 (a), emotional outrage after being informed that her daughter's head
Article VI of R.A. No. 7610? was punctured, and whom she thought was already dead. In fact,
her vision got blurred and she fainted. When she returned into
Ruling: consciousness, she sat on her chair in front of the board for about
41
five to ten minutes.  Moreover, the testimony of the examining
No. The law under which Jabalde was charged, tried and physician, Dr. Muñoz, belied the accusation that Jabalde, with
found guilty of violating is Section 10(a), Article VI, of R.A. No. cruelty and with intent, abused, maltreated and injured Lin, to
wit:
7610, which states:
ChanRoblesVirtualawlibrary

ChanRoblesVirtualawlibrary

[T]he abrasions could have been caused by a hard object

but mildly inflicted. She also testified that the linear abrasions
SEC. 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and were signs of fingernail marks. She did not notice other injuries
Other Conditions Prejudicial to the Child's Development. on the body of the victim except those on his neck. Moreover, the
abrasions were greenish in color, signifying that they were still
(a) Any person who shall commit any other acts of child abuse, fresh.42 (Emphasis ours)
cruelty or exploitation or to be responsible for other conditions It would be unforeseeable that Jabalde acted with cruelty when
prejudicial to the child's development including those covered by prosecution's witness herself testified that the abrasions suffered
Article 59 of Presidential Decree No. 603, as amended, but not by Lin were just "mildly inflicted." If Jabalde indeed intended to
covered by the Revised Penal Code, as amended, shall suffer the abuse, maltreat and injure Lin, she would have easily hurt the 7-
penalty of prision mayor in its minimum period. (Emphasis ours) year-old boy with heavy blows.
Child abuse, the crime charged, is defined by Section 3(b) of R.A.
No. 7610, as follows: ChanRoblesVirtualawlibrary
As a mother, the death of her child, who has the blood of her
blood, and the flesh of her flesh, is the most excruciating idea that
a mother could entertain. The spontaneity of the acts of Jabalde
SEC.3. Definition of terms. - against Lin is just a product of the instinctive reaction of a mother
to rescue her own child from harm and danger as manifested only
xxxx by mild abrasions, scratches, or scrapes suffered by Lin, thus,
negating any intention on inflicting physical injuries. Having lost
(b) "Child Abuse" refers to the maltreatment, whether habitual or the strength of her mind, she lacked that specific intent to debase,
not, of the child which includes any of the following: degrade or demean the intrinsic worth and dignity of a child as a
human being that was so essential in the crime of child abuse. In
fine, the essential element of intent was not established with the
prescribed degree of proof required for a successful prosecution
(1) Psychological and physical abuse, neglect, cruelty, sexual under Section 10(a), Article VI of R.A. No. 7610.
abuse and emotional maltreatment;
What crime, then, did Jabalde commit?
(2) Any act by deeds or words which debases, degrades or
Jabalde is liable for slight physical injuries under Article 266(2) of
demeans the intrinsic worth and dignity of a child as a human the RPC, to wit: ChanRoblesVirtualawlibrary

being;

(3) Unreasonable deprivation of his basic needs for survival, such

ART. 266. Slight physical injuries and maltreatment - The crime of
slight physical injuries shall be punished:

chanRoblesvirtualLawlibrary x x x x THIRD DIVISION

2. By arresto menor or a fine not exceeding 20 pesos and censure

when the offender has caused physical injuries which do not G.R. No. 235071, January 07, 2019
prevent the offended party from engaging in his habitual work nor
require medical assistance. EVANGELINE PATULOT Y GALIA, Petitioner, v. PEOPLE OF THE
PHILIPPINES, Respondent.
xxxx
As found out by Dr. Muñoz, Lin only sustained abrasions namely:
two linear abrasions of 1 cm in length at the base of the right DECISION
mandibular area; one linear abrasion of 1 inch in length at the
right lateral neck; two linear abrasions of 1 cm in length at the
back of the neck; and four minute circular abrasions at the left PERALTA, J.:
43
lateral neck.  When there is no evidence of actual incapacity of
the offended parly for labor or of the required medical attendance; Facts:
or when there is no proof as to the period of the offended party's
incapacity for labor or of the required medical attendance, the During arraignment, Patulot, assisted by counsel, pleaded not
44 guilty to the charges. Subsequently, trial on the merits ensued
offense is only slight physical injuries. chanrobleslaw

wherein the prosecution presented CCC, mother of minors AAA

and BBB, three (3) years old and two (2) months old,
Although it is found out, as discussed hereinabove, that Jabalde respectively; DDD, father of the minors; and Dr. Francis Jerome
lacked the intent to debase, degrade or demean the intrinsic 7
worth and dignity of the child as a human being as required under Vitales as its witnesses and offered documentary evidence  to
Section 10(a), Article VI of R.A. No. 7610, her acts of laying hands establish the following facts:
against Lin showed the essential element of intent which is a
prerequisite in all crimes punishable under the RPC. At around 2:00 p.m. of November 14, 2012, CCC gathered clothes
from the clothesline outside her house. As she was about to enter
In the case at bar, the positive testimonies of the minor victim Lin the house, she was surprised to see Patulot who was holding a
49 casserole. Without warning, Patulot poured the contents of the
that Jabalde slapped him on his neck and choked him,  and that casserole - hot cooking oil - on her. CCC tried to dodge, but to no
of Ray Ann that she saw Jabalde struck Lin on his neck, squeezed avail. AAA and BBB, who were nearby, suddenly cried because
it and then shouted, "Better that you are able to free yourself they were likewise hit by the hot cooking oil. CCC hurriedly
50 brought AAA and BBB to her three neighbors who volunteered to
because if not I should have killed you,"  deserve more credit
bring the children to the Polyclinic at South Signal, Taguig City,
than Jabalde's own statement that she merely held Lin still
for treatment. She then went to the barangay hall also at South
51
because the latter kept on jumping.  The laying of the hands and Signal, Taguig City, to report the incident. Accompanied by
the utterance of words threatening the life of Lin established the barangay personnel, she went to Patulot's house, but Patulot was
fact that Jabalde, indeed, intended to cause or inflict physical not there. She instead returned to her children at the Polyclinic.
injuries on, much less kill, Lin. While there, she learned from a neighbor that Patulot had been
arrested. Consequently, having been assured that her children
The penalty for slight physical injuries is arresto menor, which were all right and that medication had already been given, they
52 returned to the barangay hall, where DDD met them. At the
ranges from one (1) day to thirty (30) days of imprisonment.  In barangay hall, CCC noticed that her children were shivering. Thus,
imposing the correct penalty, however, the Court has to consider she asked her neighbors to bring them to Pateros-Taguig District
the mitigating circumstance of passion or obfuscation under Hospital while she stayed behind to give her statement.
53 Afterwards, she proceeded to the hospital where she was likewise
Article 13(6). of the RPC,  because Jabalde lost his reason and
treated for injuries. While she and BBB were able to go home, AAA
self-control, thereby diminishing the exercise of his will
needed to be confined but was discharged the next morning.
54
power.  There is passional obfuscation when the crime was Before going home, however, CCC proceeded to the Taguig Police
committed due to an uncontrollable burst of passion provoked by 8
Station where she executed her Sinumpaang Salaysay.
prior unjust or improper acts, or due to a legitimate stimulus so
55
powerful as to overcome reason.  For passion and obfuscation to Subsequently, Dr. Vitales of the Pateros-Taguig District Hospital,
be considered a mitigating circumstance, it must be shown that: who examined and treated CCC and her children, testified that the
(1) an unlawful act sufficient to produce passion and obfuscation injuries suffered by AAA and BBB would heal for an average
was committed by the intended victim; (2) the crime was period of thirty (30) days. Next, DDD testified that he incurred
committed within a reasonable length of time from the 9
P7,440.00 in medical expenses for his wife and children.
commission of the unlawful act that produced the obfuscation in
the accused's mind; and (3) the passion and obfuscation arose
Solely testifying in her defense, Patulot denied the allegations
from lawful sentiments and not from a spirit of lawlessness or
against her. She recounted that prior to the alleged incident, she
56
revenge.  With her having acted under the belief that Lin had was on her way to the market to sell her merchandise when CCC
killed her daughter, Jabalde is entitled to the mitigating bumped her on the arm, uttering foul words against her. Due to
circumstance of passion and obfuscation. the impact, Patulot's merchandise fell. Because of this, she cursed
CCC back who, in turn, merely laughed and repeated the
Arresto menor is prescribed in its minimum period (i.e. one [1] invectives as she moved away. Then, from 11:00 a.m. to 2:30 p.m.
day to ten [10] days) when only mitigating circumstance is on November 14, 2012, she was repacking black pepper at her
57 house when she heard CCC taunt her in a loud voice, "Bakit hindi
present in the case.  Accordingly, with the Indeterminate ka pa sumama sa asawa mo? Dapat sumama ka na para pareha
Sentence Law being inapplicable due to the penalty imposed not kayong paglamayan." Because of this, Patulot proceeded to
58 Barangay Central Signal, Taguig City, to file a complaint against
exceeding one year,  Jabalde shall suffer a penalty of one (1)
CCC, but she was ignored. So she went instead to the Barangay
day to ten (10) days of arresto menor. South Signal, Taguig City. But upon reaching said location, she
was apprehended by the Barangay Tanod and brought to the
WHEREFORE, the Decision dated August 12, 2010 and Resolution
10
dated January 4, 2011 of the Court of Appeals in CA-G.R. CR No. Barangay Hall of South Signal, Taguig City for questioning.
00424 are SET ASIDE; and a new judgment is ENTERED (a) finding
petitioner Virginia Jabalde y Jamandron GUILTY beyond reasonable On November 19, 2014, the RTC found Patulot guilty of child abuse and
doubt of the crime of SLIGHT PHYSICAL INJURIES under paragraph disposed of the case as follows:
2, Article 266, of the Revised Penal Code, and (b) sentencing her
to suffer the penalty of one (1) day to ten (10) days of arresto
WHEREFORE, premises considered, judgment is hereby rendered as
menor.
follows:

1) In Criminal Case No. 149971, the Court finds accused Evangeline

Patulot y Galia GUILTY beyond reasonable doubt of the offense
charged and hereby sentences her to suffer the indeterminate penalty
of six (6) years and one (1) day of pris[i]on mayor, as minimum, to
seven (7) years and four (4) months of pris[i]on mayor, as maximum.
 Accused is further ordered to pay the offended party the amount of Corollarily, Section 2 of the Rules and Regulations on the
Three Thousand Seven Hundred Two Pesos (P3,702), as actual Reporting and Investigation of Child Abuse Cases defines the term
damages, and Ten Thousand Pesos (P10,000) by way of moral "child abuse" as the infliction of physical or psychological injury,
damages; cruelty to, or neglect, sexual abuse or exploitation of a child. In
2) In Criminal Case No. 149972, the Court finds accused Evangeline turn, the same Section defines "physical injury" as those that
Patulot y Galia GUILTY beyond reasonable doubt of the offense include but are not limited to lacerations, fractured bones, burns,
charged and hereby sentences her to suffer the indeterminate penalty internal injuries, severe injury or serious bodily harm suffered by
of six (6) years and one (1) day of pris[i]on mayor, as minimum, to a child.
seven (7) years and four (4) months of pris[i]on mayor, as maximum.
Accused is further ordered to pay the offended party the amount of Patulot contends that on the basis of our pronouncement
Three Thousand Seven Hundred Two Pesos (P3,702), as actual in Bongalon, she cannot be convicted of child abuse because it
damages, and Ten Thousand Pesos (P10,000) by way of moral was not proven that she intended to debase, degrade, or demean
damages; and the intrinsic worth and dignity of AAA and BBB as human beings.
Her reliance on said ruling, however, is misplaced. In Bongalon,
3) Finally, accused is ordered to pay a fine of Five Thousand Pesos
the Information specifically charged George Bongalon, petitioner
(P5,000) in each case, conformably with section 31 (f) of R.A. 7610.
therein, of committing acts which "are prejudicial to the child's
development and which demean the intrinsic worth and dignity of
SO ORDERED.11 22
The RTC found that while Patulot may not have intended to cause harm the said child as a human being."  Thus, we ruled that he can
on AAA and BBB, her negligence nonetheless caused injury on them, only be held liable for slight physical injuries instead of child
which left visible scars that are most likely to stay on their faces and abuse in the absence of proof that he intended to humiliate or
bodies for the rest of their lives. Besides, the trial court added that R.A. 23
No. 7610 is a special law such that intent is not necessary for its violator "debase the 'intrinsic worth and dignity'"  of the victim.
12
to be liable. A cursory review of the Informations in the instant case, however,
reveals no similar allegation that Patulot's acts debased,
In a Decision dated July 13, 2017, the CA affirmed Patulot's conviction, degraded, or demeaned the intrinsic worth and dignity of AAA and
but modified the penalty imposed by the RTC in the following wise: BBB as human beings. Instead, they charged Patulot for willfully
committing acts of child abuse on AAA and BBB "by throwing on
[them] a (sic) boiling oil, thereby inflicting upon said victim-minor
WHEREFORE, the 19 November 2014 Decision of the Regional Trial Court physical injuries, which acts are inimical and prejudicial to the
of Pasig City, Branch 163 (Taguig City Station) is AFFIRMED with the 24
MODIFICATION that: child's normal growth and development."  Accordingly, the RTC
and the CA duly found that this allegation in the Informations was
adequately established by the prosecution. It bears stressing that
1) in Criminal Case No. 149971, Evangeline Patulot y Ga1ia is Patulot did not even deny the fact that she threw boiling oil on
SENTENCED to suffer the indeterminate penalty of four (4) years, nine CCC which likewise fell on AAA and BBB. Clearly, her actuations
(9) months, and eleven (11) days of prision correccional, as causing physical injuries on babies, who were merely three (3)
minimum[,] to seven (7) years and four (4) months of prision mayor, years old and two (2) months old at the time, are undeniably
as maximum; and prejudicial to their development. In the words of the trial court,
2) in Criminal Case No. 149972, Evangeline Patulot y Galia is Patulot's acts, which practically burned the skin of AAA and BBB,
SENTENCED to suffer the indeterminate penalty of four (4) years, nine left visible scars that are most likely to stay on their faces and
(9) months, and eleven (11) days of prision correccional, as bodies for the rest of their lives. She cannot, therefore, be allowed
minimum[,] to seven (7) years and four (4) months of prision mayor, to escape liability arising from her actions.
as maximum. In the instant case, Patulot's criminal intent is not wanting for as
she expressly admitted, she intended on pouring hot cooking oil
SO ORDERED.13 (Italics supplied, underscoring in the original.) on CCC. As such, even granting that it was not her intention to
harm AAA and BBB, she was performing an unlawful act when she
According to the appellate court, there was no reason to deviate from the threw the hot oil from her casserole on CCC. She cannot,
trial court's findings of guilt for it had the unique opportunity to observe therefore, escape liability from the same in view of the settled
the demeanor of the witnesses and their deportment on the witness doctrine mentioned in Mabunot that a person incurs criminal
stand. It, however, ruled that the RTC was amiss in finding it unnecessary liability although the wrongful act done be different from that
to determine intent merely because the act for which Patulot stood which he intended. As defined in the law, child abuse charged
charged is punishable by a special law. The CA clarified that the index of against Patulot is physical abuse of the child, whether the same is
whether a crime is malum prohibitum is not its form, that is, whether or habitual or not. To the Court, her act of pouring hot oil on AAA and
not it is found in the Revised Penal Code (RPC) or in a special penal BBB falls squarely within this definition. Thus, in view of the fact
statute, but the legislative intent. Nevertheless, this reasoning still cannot that her acts were proven to constitute child abuse under the
help Patulot's case because even if she did not intend on inflicting harm pertinent provisions of the law, she must be held liabletherefor.
on the children, there was still intent to harm CCC. Thus, criminal liability
is incurred although the wrongful act done be different from that which Indeed, it cannot be denied that AAA and BBB are children
Patulot intended. For the same reason, the mitigating circumstance of "no entitled to protection extended by R.A. No. 7610. Time and again,
intention to commit so grave a wrong as that committed" cannot be the Court has stressed that R.A. No. 7610 is a measure geared
appreciated in Patulot's favor. Thus, Patulot must still be held guilty of the towards the implementation of a national comprehensive program
offense charged. for the survival of the most vulnerable members of the
Issue: population, the Filipino children, in keeping with the
Constitutional mandate under Article XV, Section 3, paragraph 2,
WHETHER THE COURT OF APPEALS GRAVELY ERRED IN that "[t]he State shall defend the right of the children to
AFFIRMING THE PETITIONER'S CONVICTION OF VIOLATING SEC. assistance, including proper care and nutrition, and special
10(A) R.A. 7610 DESPITE THE FACT THAT SHE HAD NO INTENT TO protection from all forms of neglect, abuse, cruelty, exploitation,
DEGRADE AND DEMEAN THE INTRINSIC WORTH AND DIGNITY OF 27
THE PRIVATE COMPLAINANT'S CHILDREN. and other conditions prejudicial to their development."  This
piece of legislation supplies the inadequacies of existing laws
Ruling: treating crimes committed against children, namely, the RPC and
No. Under Section 3(b) of R.A. No. 7610, "child abuse" refers to Presidential Decree No. 603 or The Child and Youth Welfare Code.
As a statute that provides for a mechanism for strong deterrence
the maltreatment, whether habitual or not, of the child which
against the commission of child abuse and exploitation, the law
includes any of the following: (1) psychological and physical
has stiffer penalties for their commission, and a means by which
abuse, neglect, cruelty, sexual abuse and emotional child traffickers could easily be prosecuted and penalized. Also,
maltreatment; (2) any act by deeds or words which debases, the definition of child abuse is expanded to encompass not only
degrades or demeans the intrinsic worth and dignity of a child as those specific acts of child abuse under existing laws but includes
a human being; (3) unreasonable deprivation of his basic needs also "other acts of neglect, abuse, cruelty or exploitation and
for survival, such as food and shelter; or (4) failure to 28
other conditions prejudicial to the child'sdevelopment."
immediately give medical treatment to an injured child resulting
in serious impairment of his growth and development or in his
As regards the penalties imposed by the courts a quo, we find no
permanent incapacity or death.
compelling reason to modify the same for being within the
allowable range. To conform to recent jurisprudence, however,
In conjunction with this, Section 10(a) of the same Act provides: the Court deems it proper to impose an interest of six percent
(6%) per annum on the actual damages in the amount of Three
SECTION 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation Thousand Seven Hundred Two Pesos (P3,702) and moral damages
and Other Conditions Prejudicial to the Child's Development. - in the amount of Ten Thousand Pesos (P10,000), to be computed
29
(a) Any person who shall commit any other acts of child abuse, from the date of the finality of this Decision until fully paid.
cruelty or exploitation or to be responsible for other conditions
prejudicial to the child's development including those covered by WHEREFORE, premises considered, the instant petition is DENIED.
Article 59 of Presidential Decree No. 603, as amended, but not The assailed Decision dated July 13, 2017 and Resolution dated
covered by the Revised Penal Code, as amended, shall suffer the September 25, 2017 of the Court of Appeals in CA-G.R. CR No.
penalty of prision mayor in its minimum period. (Italics supplied.) 37385 are AFFIRMED with MODIFICATION that the P3,702.00 actual
damages and P10,000.00 moral damages awarded in each
Criminal Case No. 149971 and Criminal Case No. 149972 shall be ESG — Ito and (sic)
subject to an interest of six percent (6%) per annum reckoned
masasabi ko sa 'yo,
from the finality of this Decision until full payment.
ayaw kung (sic) mag
explain ka, kasi
hanggang 10:00 p.m.,
kinabukasan hindi ka na
pumasok. Ngayon ako
ang babalik sa 'yo, nag-
aaply ka sa States, nag-
aaply ka sa review mo,
kung kakailanganin ang
Republic of the Philippines certification mo,
SUPREME COURT kalimutan mo na kasi
Manila hindi ka sa akin
makakahingi.
FIRST DIVISION
CHUCHI — Hindi M'am.
  Kasi ang ano ko talaga
noon i-cocontinue ko up
to 10:00 p.m.
G.R. No. 93833 September 28, 1995

ESG — Bastos
SOCORRO D. RAMIREZ, petitioner, ka, nakalimutan mo na
vs. kung paano ka pumasok
HONORABLE COURT OF APPEALS, and ESTER S. dito sa hotel.
GARCIA, respondents. Magsumbong ka sa
Union kung gusto mo.
KAPUNAN, J.: Nakalimutan mo na
kung paano ka
nakapasok dito "Do you
Facts:
think that on your own
makakapasok ka kung
A civil case damages was filed by petitioner Socorro D. hindi ako.
Ramirez in the Regional Trial Court of Quezon City alleging Panunumbyoyan na kita
that the private respondent, Ester S. Garcia, in a (Sinusumbatan na kita).
confrontation in the latter's office, allegedly vexed, insulted
and humiliated her in a "hostile and furious mood" and in a
CHUCHI — Itutuloy ko
manner offensive to petitioner's dignity and personality,"
na M'am sana ang duty
contrary to morals, good customs and public policy." 1

ko.

In support of her claim, petitioner produced a verbatim

ESG — Kaso ilang
transcript of the event and sought moral damages,
beses na akong
attorney's fees and other expenses of litigation in the
binabalikan doon ng
amount of P610,000.00, in addition to costs, interests and
mga no (sic) ko.
other reliefs awardable at the trial court's discretion. The
transcript on which the civil case was based was culled
from a tape recording of the confrontation made by ESG — Nakalimutan mo
petitioner.  The transcript reads as follows:
2
na ba kung paano ka
pumasok sa hotel, kung
on your own merit alam
Plaintiff Soccoro D.
ko naman kung gaano
Ramirez (Chuchi) —
ka "ka bobo" mo.
Good Afternoon M'am.
Marami ang nag-aaply
alam kong hindi ka
Defendant Ester S. papasa.
Garcia (ESG) — Ano ba
ang nangyari sa 'yo,
CHUCHI — Kumuha
nakalimot ka na kung
kami ng exam noon.
paano ka napunta rito,
porke member ka na,
magsumbong ka kung ESG — Oo, pero hindi
ano ang gagawin ko sa ka papasa.
'yo.
CHUCHI — Eh, bakit ako
CHUCHI — Kasi, naka ang nakuha ni Dr.
duty ako noon. Tamayo

ESG — Tapos iniwan ESG — Kukunin ka kasi

no. (Sic) ako.

CHUCHI — Hindi m'am, CHUCHI — Eh, di sana

pero ilan beses na nila —
akong binalikan, sabing
ganoon — ESG — Huwag mong
ipagmalaki na may utak
 ka kasi wala kang utak. That on or about the 22nd
Akala mo ba makukuha day of February, 1988, in
ka dito kung hindi ako. Pasay City Metro Manila,
Philippines, and within the
CHUCHI — Mag- jurisdiction of this
eexplain ako. honorable court, the
above-named accused,
Socorro D. Ramirez not
ESG — Huwag na, hindi being authorized by Ester
ako mag-papa-explain S. Garcia to record the
sa 'yo, makaalala ka latter's conversation with
kung paano ka puma- said accused, did then
rito. "Putang-ina" and there willfully,
sasabi-sabihin mo unlawfully and feloniously,
kamag-anak ng nanay at with the use of a tape
tatay mo ang mga recorder secretly record
magulang ko. the said conversation and
thereafter communicate in
ESG — Wala na akong writing the contents of the
pakialam, dahil nandito said recording to other
ka sa loob, nasa labas person.
ka puwede ka ng hindi
pumasok, okey yan Contrary to law.
nasaloob ka umalis ka
doon.
Pasay City, Metro Manila,
September 16, 1988.
CHUCHI — Kasi M'am,
binbalikan ako ng mga
taga Union. MARIA
As

ESG — Nandiyan na rin

ako, pero huwag mong Upon arraignment, in lieu of a plea, petitioner filed a Motion to
kalimutan na hindi ka Quash the Information on the ground that the facts charged do
makakapasok kung not constitute an offense, particularly a violation of R.A. 4200. In
hindi ako. Kung hindi an order May 3, 1989, the trial court granted the Motion to
mo kinikilala yan okey Quash, agreeing with petitioner that 1) the facts charged do not
lang sa akin, dahil tapos constitute an offense under R.A. 4200; and that 2) the violation
ka na. punished by R.A. 4200 refers to a the taping of a communication
by a person other than a participant to the communication. 4

CHUCHI — Ina-ano ko
m'am na utang na loob. From the trial court's Order, the private respondent filed a
Petition for Review on Certiorari with this Court, which forthwith
referred the case to the Court of Appeals in a Resolution (by the
ESG — Huwag na lang, First Division) of June 19, 1989.
hindi mo utang na loob,
kasi kung baga sa no,
nilapastangan mo ako. On February 9, 1990, respondent Court of Appeals promulgated
its assailed Decision declaring the trial court's order of May 3,
1989 null and void, and holding that:
CHUCHI — Paano kita
nilapastanganan?
[T]he allegations sufficiently constitute an
offense punishable under Section 1 of R.A.
ESG — Mabuti pa 4200. In thus quashing the information based
lumabas ka na. Hindi na on the ground that the facts alleged do not
ako makikipagusap sa constitute an offense, the respondent judge
'yo. Lumabas ka na. acted in grave abuse of discretion correctible
Magsumbong ka. 3
by certiorari.
5

As a result of petitioner's recording of the event and Consequently, on February 21, 1990, petitioner filed a Motion for
alleging that the said act of secretly taping the Reconsideration which respondent Court of Appeals denied in its
confrontation was illegal, private respondent filed a criminal Resolution  dated June 19, 1990. Hence, the instant petition.
6

case before the Regional Trial Court of Pasay City for

violation of Republic Act 4200, entitled "An Act to prohibit
and penalize wire tapping and other related violations of Issue:
private communication, and other purposes." An information
charging petitioner of violation of the said Act, dated October 6, Whether or not the petitioner is correct in arguing that R.A.
1988 is quoted herewith: 4200 penalizes the taping of a "private communication," not
a "private conversation" and that consequently, her act of
INFORMATION secretly taping her conversation with private respondent
was not illegal under the said act.

The Undersigned Assistant City Fiscal

Accusses Socorro D. Ramirez of Violation of Ruling:
Republic Act No. 4200, committed as follows:
No. First, legislative intent is determined principally from
the language of a statute. Where the language of a statute is
clear and unambiguous, the law is applied according to its
express terms, and interpretation would be resorted to only Senator Tañada: That is right. This is
where a literal interpretation would be either impossible   or
11
a complete ban on tape recorded
absurb or would lead to an injustice.  12
conversations taken without the authorization
of all the parties.
Section 1 of R.A. 4200 entitled, " An Act to Prohibit and
Penalized Wire Tapping and Other Related Violations of Senator Padilla: Now, would that be
Private Communication and Other Purposes," provides: reasonable, your Honor?

Sec. 1. It shall be unlawfull for any person, Senator Tañada: I believe it is reasonable
not being authorized by all the parties to because it is not sporting to record the
any private communication or spoken observation of one without his knowing it and
word, to tap any wire or cable, or by using then using it against him. It is not fair, it is not
any other device or arrangement, to sportsmanlike. If the purpose; Your honor, is
secretly overhear, intercept, or record to record the intention of the parties. I believe
such communication or spoken word by that all the parties should know that the
using a device commonly known as a observations are being recorded.
dictaphone or dictagraph or detectaphone
or walkie-talkie or tape recorder, or Senator Padilla: This might reduce the utility
however otherwise described. of recorders.

The aforestated provision clearly and unequivocally makes Senator Tañada: Well no. For example, I was
it illegal for any person, not authorized by all the parties to to say that in meetings of the board of
any private communication to secretly record such directors where a tape recording is taken,
communication by means of a tape recorder. The law makes there is no objection to this if all the parties
no distinction as to whether the party sought to be know. It is but fair that the people whose
penalized by the statute ought to be a party other than or remarks and observations are being made
different from those involved in the private communication. should know that the observations are being
The statute's intent to penalize all persons unauthorized to recorded.
make such recording is underscored by the use of the
qualifier "any". Consequently, as respondent Court of
Appeals correctly concluded, "even a (person) privy to a Senator Padilla: Now, I can understand.
communication who records his private conversation with
another without the knowledge of the latter (will) qualify as Senator Tañada: That is why when we take
a violator"   under this provision of R.A. 4200.
13
statements of persons, we say: "Please be
informed that whatever you say here may be
A perusal of the Senate Congressional Records, moreover, used against you." That is fairness and that is
supports the respondent court's conclusion that in enacting what we demand. Now, in spite of that
R.A. 4200 our lawmakers indeed contemplated to make warning, he makes damaging statements
illegal, unauthorized tape recording of private against his own interest, well, he cannot
conversations or communications taken either by the complain any more. But if you are going to
parties themselves or by third persons. take a recording of the observations and
remarks of a person without him knowing that
it is being taped or recorded, without him
Thus: knowing that what is being recorded may be
used against him, I think it is unfair.
xxx xxx xxx
xxx xxx xxx
Senator Tañada: That qualified only
"overhear". (Congression Record, Vol. III, No. 31, p. 584,
March 12, 1964)
Senator Padilla: So that when it is intercepted
or recorded, the element of secrecy would Senator Diokno: Do you understand, Mr.
not appear to be material. Now, suppose, Senator, that under Section 1 of the bill as
Your Honor, the recording is not made by all now worded, if a party secretly records a
the parties but by some parties and involved public speech, he would be penalized under
not criminal cases that would be mentioned Section 1? Because the speech is public, but
under section 3 but would cover, for example the recording is done secretly.
civil cases or special proceedings whereby a
recording is made not necessarily by all the
parties but perhaps by some in an effort to Senator Tañada: Well, that particular aspect
show the intent of the parties because the is not contemplated by the bill. It is the
actuation of the parties prior, simultaneous communication between one person and
even subsequent to the contract or the act another person — not between a speaker
may be indicative of their intention. Suppose and a public.
there is such a recording, would you say,
Your Honor, that the intention is to cover it xxx xxx xxx
within the purview of this bill or outside?
(Congressional Record, Vol. III, No. 33, p.
Senator Tañada: That is covered by the 626, March 12, 1964)
purview of this bill, Your Honor.
xxx xxx xxx
Senator Padilla: Even if the record should be
used not in the prosecution of offense but as
evidence to be used in Civil Cases or special The unambiguity of the express words of the provision,
proceedings? taken together with the above-quoted deliberations from the
Congressional Record, therefore plainly supports the view did not violate R.A. 4200 because a telephone extension
held by the respondent court that the provision seeks to devise was neither among those "device(s) or
penalize even those privy to the private communications. arrangement(s)" enumerated therein,   following the
19

Where the law makes no distinctions, one does not principle that "penal statutes must be construed strictly in
distinguish. favor of the accused."  The instant case turns on a different
20

note, because the applicable facts and circumstances

Second, the nature of the conversations is immaterial to a pointing to a violation of R.A. 4200 suffer from no
violation of the statute. The substance of the same need not ambiguity, and the statute itself explicitly mentions the
be specifically alleged in the information. What R.A. 4200 unauthorized "recording" of private communications with
penalizes are the acts of secretly overhearing, intercepting the use of tape-recorders as among the acts punishable.
or recording private communications by means of the
devices enumerated therein. The mere allegation that an WHEREFORE, because the law, as applied to the case at
individual made a secret recording of a private bench is clear and unambiguous and leaves us with no
communication by means of a tape recorder would suffice discretion, the instant petition is hereby DENIED. The
to constitute an offense under Section 1 of R.A. 4200. As the decision appealed from is AFFIRMED. Costs against
Solicitor General pointed out in his COMMENT before the petitioner.
respondent court: "Nowhere (in the said law) is it required
that before one can be regarded as a violator, the nature of SO ORDERED.
the conversation, as well as its communication to a third
person should be professed."  14

Padilla, Davide, Jr. and Bellosillo JJ., concur.

Finally, petitioner's contention that the phrase "private
communication" in Section 1 of R.A. 4200 does not include Hermosisima, Jr., J., is on leave.
"private conversations" narrows the ordinary meaning of
the word "communication" to a point of absurdity. The word
communicate comes from the latin word communicare,
meaning "to share or to impart." In its ordinary signification,
communication connotes the act of sharing or imparting
signification, communication connotes the act of sharing or
imparting, as in a conversation,   or signifies the "process
15

by which meanings or thoughts are shared between G.R. No. L-69809 October 16, 1986
individuals through a common system of symbols (as
language signs or gestures)"   These definitions are broad
16
EDGARDO A. GAANAN, petitioner,
enough to include verbal or non-verbal, written or
expressive communications of "meanings or thoughts" vs.
which are likely to include the emotionally-charged INTERMEDIATE APPELLATE COURT and
exchange, on February 22, 1988, between petitioner and PEOPLE OF THE PHILIPPINES, respondents.
private respondent, in the privacy of the latter's office. Any
doubts about the legislative body's meaning of the phrase
"private communication" are, furthermore, put to rest by the FACTS:
fact that the terms "conversation" and "communication"
were interchangeably used by Senator Tañada in his In the morning of October 22, 1975, complainant
Explanatory Note to the bill quoted below:
Atty. Tito Pintor and his client Manuel Montebon
were in the living room of complainant's
It has been said that innocent people have residence discussing the terms for the withdrawal
nothing to fear from
their conversations being overheard. But of the complaint for direct assault which they
this statement ignores the usual nature filed with the Office of the City Fiscal of Cebu
of conversations as well the undeniable against Leonardo Laconico. After they had
fact that most, if not all, civilized people decided on the proposed conditions, complainant
have some aspects of their lives they do made a telephone call to Laconico.
not wish to expose.
Free conversations are often
characterized by exaggerations, That same morning, Laconico telephoned
obscenity, agreeable falsehoods, and the appellant, who is a lawyer, to come to his office
expression of anti-social desires of views
and advise him on the settlement of the direct
not intended to be taken seriously. The
right to the privacy of communication, assault case because his regular lawyer, Atty.
among others, has expressly been Leon Gonzaga, went on a business trip.
assured by our Constitution. Needless to According to the request, appellant went to the
state here, the framers of our Constitution office of Laconico where he was briefed about the
must have recognized the nature problem.
of conversations between individuals and
the significance of man's spiritual nature,
of his feelings and of his intellect. They When complainant called up, Laconico requested
must have known that part of the appellant to secretly listen to the telephone
pleasures and satisfactions of life are to
conversation through a telephone extension so as
be found in the unaudited, and free
exchange of communication between to hear personally the proposed conditions for
individuals — free from every unjustifiable the settlement. Appellant heard complainant
intrusion by whatever means. 17
enumerate the following conditions for
withdrawal of the complaint for direct assault.
In Gaanan vs. Intermediate Appellate Court,   a case which
18

dealt with the issue of telephone wiretapping, we held that

(a) the P5,000.00 was no longer
the use of a telephone extension for the purpose of
overhearing a private conversation without authorization acceptable, and that the figure had
 been increased to P8,000.00. A Appellant executed on the following day an
breakdown of the P8,000.00 had affidavit stating that he heard complainant
been made together with other demand P8,000.00 for the withdrawal of the case
demands, to wit: (a) P5,000.00 no for direct assault. Laconico attached the affidavit
longer for the teacher Manuel of appellant to the complainant for
Montebon, but for Atty. Pintor robbery/extortion which he filed against
himself in persuading his client to complainant. Since appellant listened to the
withdraw the case for Direct telephone conversation without complainant's
Assault against Atty. Laconico consent, complainant charged appellant and
before the Cebu City Fiscal's Laconico with violation of the Anti-Wiretapping
Office; Act.

(b) Public apology to be made by After trial on the merits, the lower court, found
Atty. Laconico before the students both Gaanan and Laconico guilty of violating
of Don Bosco Technical High Section 1 of Republic Act No. 4200. The two were
School; each sentenced to one (1) year imprisonment with
costs. The Intermediate Appellate Court affirmed
(c) Pl,000.00 to be given to the Don the decision of the trial court.
Bosco Faculty club;
ISSUE:
(d) transfer of son of Atty. Laconico
to another school or another Whether or not an extension telephone is
section of Don Bosco Technical covered by the term "device or arrangement"
High School; under Rep. Act No. 4200.

(e) Affidavit of desistance by Atty. RULING:

Laconico on the Maltreatment case
earlier filed against Manuel NO. Section 1 of Rep. Act No. 4200 provides:
Montebon at the Cebu City Fiscal's
Office, whereas Montebon's Section 1. It shall be unlawful for
affidavit of desistance on the any person, not being authorized
Direct Assault Case against Atty. by all the parties to any private
Laconico to be filed later; communication or spoken word, to
tap any wire or cable or by using
(f) Allow Manuel Montebon to any other device or arrangement,
continue teaching at the Don to secretly overhear, intercept, or
Bosco Technical School; record such communication or
spoken word by using a device
(g) Not to divulge the truth about commonly known as a dictaphone
the settlement of the Direct or dictagraph or detectaphone or
Assault Case to the mass media; walkie-talkie or tape-recorder, or
however otherwise described:
(h) P2,000.00 attorney s fees for
Atty. Pintor. (tsn, August 26, It shall be unlawful for any person,
1981, pp. 47-48). be he a participant or not in the
act or acts penalized in the next
Twenty minutes later, complainant called up preceeding sentence, to knowingly
again to ask Laconico if he was agreeable to the possess any tape record, wire
conditions. Laconico answered 'Yes'. Complainant record, disc record, or any other
then told Laconico to wait for instructions on such record, or copies thereof, of
where to deliver the money. any communication or spoken
word secured either before or after
Complainant called up again and instructed the effective date of this Act in the
Laconico to give the money to his wife at the manner prohibited by this law; or
office of the then Department of Public Highways. to replay the same for any other
Laconico who earlier alerted his friend Colonel person or persons; or to
Zulueta of the Criminal Investigation Service of communicate the contents thereof,
the Philippine Constabulary, insisted that either verbally or in writing, or to
complainant himself should receive the money. furnish transcriptions thereof,
(tsn, March 10, 1982, pp. 26-33). When he whether complete or partial, to any
received the money at the Igloo Restaurant, other person: Provided, that the
complainant was arrested by agents of the use of such record or any copies
Philippine Constabulary. thereof as evidence in any civil,
criminal investigation or trial of
 offenses mentioned in Section 3 FACTS:
hereof, shall not be covered by this
prohibition. At around 8:40 in the evening of February 4,
1990, Stanley Jalbuena and Enrique "Ike"
The law refers to a "tap" of a wire or cable or Lingan, who were reporters of the radio station
the use of a "device or arrangement" for the DWTI in Lucena City, together with one Mario
purpose of secretly overhearing, intercepting, Ilagan, went to the Entertainment City following
or recording the communication. There must reports that it was showing the nude dancers.
be either a physical interruption through a After the three had seated themselves at a table
wiretap or the deliberate  installation of a and ordered beer, a scantily clad dancer
device or arrangement in order to overhear, appeared on stage and began to perform a strip
intercept, or record the spoken words. act. As she removed her brassieres, Jalbuena
brought out his camera and took a picture
An extension telephone cannot be placed in
the same category as a dictaphone, dictagraph At that point, the floor manager, Dante Liquin,
or the other devices enumerated in Section 1 with a security guard, Alex Sioco, approached
of RA No. 4200 as the use thereof cannot be Jalbuena and demanded to know why he took a
considered as "tapping" the wire or cable of a picture. Jalbuena replied: "Wala kang pakialam,
telephone line. The telephone extension in because this is my job." Sioco pushed Jalbuena
this case was not installed for that purpose. It towards the table as he warned the latter that he
just happened to be there for ordinary office use. would kill him. When Jalbuena saw that Sioco
It is a rule in statutory construction that in order was about to pull out his gun, he ran out of the
to determine the true intent of the legislature, the joint followed by his companions.6
particular clauses and phrases of the statute
should not be taken as detached and isolated Jalbuena and his companions went to the police
expressions, but the whole and every part thereof station to report the matter. At the station, a
must be considered in fixing the meaning of any heated confrontation followed between the victim
of its parts. Lingan and accused Navarro who wa sthen
having drinks outside the headquarters. The
The phrase "device or arrangement" in Section 1 victim was hit with the handle of the accused’s
of RA No. 4200, although not exclusive to that gun below the left eyebrow, followed by the
enumerated therein, should be construed to fistblow, resulted the victim to fell and died under
comprehend instruments of the same or similar treatment. \
nature, that is, instruments the use of which
would be tantamount to tapping the main line of The exchange of words was recorded on tape,
a telephone. It refers to instruments whose specifically the frantic exclamations made by
installation or presence cannot be presumed by Navaroo after the altercation that it was the
the party or parties being overheard because, by victim who provoked the fight. During the trial,
their very nature, they are not of common usage Jalbuena, the other media men, testified.
and their purpose is precisely for tapping, Presented in evidende to confirm the testimony
intercepting or recording a telephone was a voice recording he had made of the heated
conversation. discussion at the police station betweent he
accused police officer Navarro and the deceased,
An extension telephone is an instrument which is Lingan, which was taken without the knowledge
very common especially now when the extended of the two.
unit does not have to be connected by wire to the
main telephone but can be moved from place ' to ISSUE:
place within a radius of a kilometer or more. A
person should safely presume that the party he is Whether or not the tape is admissible in
calling at the other end of the line probably has evidence under RA No. 4200.
an extension telephone and he runs the risk of a
third party listening as in the case of a party line
or a telephone unit which shares its line with
another.
RULING:
G.R. No. 121087           August 26, 1999
YES. The law provides:
FELIPE NAVARRO, petitioner,
vs. Sec. 1. It shall be unlawful for any person,
THE COURT OF APPEALS and the PEOPLE OF not being authorized by all the parties to
THE PHILIPPINES, respondents. any private communication or spoken
word, to tap any wire or cable, or by using
any other device or arrangement, to
MENDOZA, J.:
secretly overhear, intercept, or record
 such communication or spoken word by Second. The voice recording made by
using a device commonly known as Jalbuena established: (1) that there was a
dictaphone or dictagraph of heated exchange between petitioner Navarro
dectectaphone or walkie-talkie or tape- and Lingan on the placing in the police blotter
recorder, or however otherwise described: of an entry against him and Jalbuena; and (2)
that some form of violence occurred involving
It shall also be unlawful for any person, petitioner Navarro and Lingan, with the latter
be he a participant or not in the act or getting the worst of it.
acts penalized in the next preceding
sentence, to knowingly possess any tape
record, wire record, disc record, or any
other such record, or copies thereof, of
any communication or spoken word
secured either before or after the effective A.M. No. MTJ-96-1110            June 25, 2001
date of this Act in the manner prohibited
by this law; or to replay the same for any
CONG. MANUEL N. MAMBA, et al. vs.
other person or persons; or to
JUDGE DOMINADOR L. GARCIA, MTC, TUAO,
communicate the contents thereof, either
CAGAYAN, respondent.
verbally or in writing, or to furnish
transcriptions thereof, whether complete
or partial, to any other person: Provided, FACTS:
That the use of such record or any copies
thereof as evidence in any civil, criminal On August 23, 1996, a complaint for violation of
investigation or trial of offenses Presidential Decree No. 1866 (illegal possession
mentioned in section 3 hereof, shall not of firearms) was filed against a certain Renato
be covered by this prohibition. Bulatao by the Cagayan Provincial Police
Command before the sala of respondent Judge
xxx     xxx     xxx Dominador L. Garcia of the Municipal Trial
Court, Tuao, Cagayan.
Sec. 4. Any communication or spoken
word, or the existence, contents, Respondent set the preliminary investigation on
substance, purport, effect, or meaning of September 4, 1996, but the same was
the same or any part thereof, or any subsequently postponed and reset to October 23,
information therein contained obtained or 1996 as respondent was not present, although
secured by any person in violation of the the complaining officer, P/Sr. Inspector Danny F.
preceding sections of this Act shall not be Salvador, appeared in court. On October 23,
admissible in evidence in any judicial, 1996, the preliminary investigation was again
quasi-judicial, legislative or administrative reset to October 30, 1996. On October 29, 1996,
hearing or investigation. the accused, Renato Bulatao, complained to the
NBI that at the scheduled preliminary
investigation on September 4, 1996, P/Sr.
Thus, the law prohibits the overhearing,
Inspector Salvador demanded P30,000.00 from
intercepting, or recording of private
him in consideration of the withdrawal of the
communications. Since the exchange between
criminal case against him. According to Bulatao,
petitioner Navarro and Lingan was not private,
the demand was reiterated by Salvador and
its tape recording is not prohibited.
respondent judge on October 23, 1996. As
Bulatao told them that he could not afford it, the
Nor is there any question that it was duly amount was reduced to P6,000.00.
authenticated. A voice recording is
authenticated by the testimony of a witness
Based on Bulatao's report, the NBI set out to
(1) that he personally recorded the
entrap Salvador and respondent judge. The NBI
conversations; (2) that the tape played in the
gave Bulatao 12 pieces of P500.00 marked bills
court was the one he recorded; and (3) that
amounting to P6,000.00, which the latter would
the voices on the tape are those of the
give to Salvador and respondent the next day.
persons such are claimed to belong. In the
instant case, Jalbuena testified that he
personally made the voice recording; 31 that Accordingly, at about 7 o'clock in the morning of
the tape played in the court was the one he the following day, October 30, Bulatao met the
recorded;32 and that the speakers on the tape NBI operatives in the house of Francisco Mamba,
were petitioner Navarro and Lingan. A Sr., former representative of the 3rd District of
sufficient foundation was thus laid for the Cagayan, where the entrapment was planned.
authentication of the tape presented by the Bulatao was given a tape recorder to record his
prosecution. conversation with whoever will receive the money.
At 9 a.m., Bulatao went to the Municipal Trial conversation between Bulatao and the
Court and waited for his case to be called. At two police officers is correct; and
10:30 a.m., respondent went out of his chambers
and talked to SPO2 Jonathan Santos and SPO4 2. Whether or not the crime of Bribery was
Carlos Poli, representatives of P/Sr. Inspector committed.
Salvador in the preliminary investigation.
Respondent then called Bulatao and led him and RULING.
the two police officers to the office of the MTC
court personnel. Inside, respondent asked
1. No.
Bulatao if he had the money with him. When he
answered in the affirmative, respondent took
them to his chambers and left them there as he The Investigating Judge's reliance on the tape-
proceeded to his sala. After handing the money to recorded conversation between Bulatao and the
the police officers, Bulatao went out of two police officers is erroneous. The recording of
respondent's chambers. Upon his signal, the NBI private conversations without the consent of
operatives waiting outside respondent's court the parties contravenes the provisions of Rep.
then rushed to the judge's chambers and Act. No. 4200, otherwise known as the Anti-
arrested the two police officers after recovering 11 Wire Tapping Law, and renders the same
pieces of P500.00 marked bills in their inadmissible in evidence in any
possession. proceeding. The law covers even those recorded
by persons privy to the private communications,
as in this case.  Thus, the contents of the tape
After the matter was referred by this Court to
recorder cannot be relied upon to determine the
Executive Judge Orlando Beltran for
culpability of respondent judge.
investigation, the latter scheduled several
hearings for the reception of evidence for the
respondent. The records show that hearings were 2. Yes.
set on different dates (but respondent did not
appear despite due notice. Accordingly, he was It is clear that the crime of bribery was
deemed to have waived the right to present committed. Although the evidence may not be
evidence and the case was submitted for sufficient to support a conviction in a criminal
decision. Hence only his counter-affidavit was case, it is adequate for the purpose of these
considered, in which respondent claimed that it proceedings. To constitute bribery, the
was Bulatao who asked permission to talk to the following must be shown: (1) the offender is a
two police officers. He denied that he took the public officer within the scope of Art. 203; (2)
three to his chambers. the offender accepts an offer or a promise or
receives a gift or present by himself or
The investigating judge cannot help but refer to through another; (3) such offer or promise is
the taped conversation between the two (2) accepted, or gift received by the public
policemen and Renato Bulatao inside the officer, (a) with a view to committing some
chamber of the respondent Judge. A portion of crime; (b) in consideration of the execution of
the translated dialogue between Poli and Bulatao, an act which does not constitute a crime, but
which was in Ilocano, tends to show that the which is unjust; or (c) to refrain from doing
P6,000.00 pay-off handed by Bulatao to the something which it is his official duty to do;
policemen was not intended for the respondent and (4) the act which he agrees to perform is
Judge but solely for the policemen and their connected with the performance of his official
superior, P/Sr. Inspector Salvador. However, it is duties. 
not easy to disregard the implication obvious
from the said conversation that the respondent  From the records, it is evident that P/Sr.
Judge was privy to the entire transaction. SPO IV Inspector Salvador, a public officer, solicited
Poli pointedly told Bulatao "to take care of the money from Bulatao in consideration of the
Judge" which implies that the Judge knew of the withdrawal of the case against the latter. The
pay-off being made and was willing to abide by former categorically told the latter that he would
the "deal" provided he would be "taken care of" by withdraw the criminal case against Bulatao if
Bulatao. Bulatao gives him P30,000.00, which was later
lowered to P6,000.00. The fact that two of his
The Investigating Judge recommended that the men came for the preliminary investigation and,
respondent Judge Dominador L. Garcia be found without hesitation, followed respondent judge to
guilty of improper conduct. his chambers after hearing that Bulatao had the
money, bears out Bulatao's allegations. Although
ISSUES: these circumstances do not show conclusively
that respondent judge was privy to the crime of
bribery, there is substantial evidence showing
1. Whether or not the investigating judge’s that he was at least an accomplice to the crime
reliance on the tape-recorded who cooperated in the execution of the offense by
previous or simultaneous acts. 
 section of Don Bosco Technical
High School;
G.R. No. L-69809 October 16, 1986
(e) Affidavit of desistance by Atty.
EDGARDO A. GAANAN, petitioner, Laconico on the Maltreatment case
vs. earlier filed against Manuel
INTERMEDIATE APPELLATE COURT and Montebon at the Cebu City Fiscal's
PEOPLE OF THE PHILIPPINES, respondents. Office, whereas Montebon's
affidavit of desistance on the
Direct Assault Case against Atty.
FACTS:
Laconico to be filed later;
In the morning of October 22, 1975, complainant
(f) Allow Manuel Montebon to
Atty. Tito Pintor and his client Manuel Montebon
continue teaching at the Don
were in the living room of complainant's
Bosco Technical School;
residence discussing the terms for the withdrawal
of the complaint for direct assault which they
filed with the Office of the City Fiscal of Cebu (g) Not to divulge the truth about
against Leonardo Laconico. After they had the settlement of the Direct
decided on the proposed conditions, complainant Assault Case to the mass media;
made a telephone call to Laconico.
(h) P2,000.00 attorney s fees for
That same morning, Laconico telephoned Atty. Pintor. (tsn, August 26,
appellant, who is a lawyer, to come to his office 1981, pp. 47-48).
and advise him on the settlement of the direct
assault case because his regular lawyer, Atty. Twenty minutes later, complainant called up
Leon Gonzaga, went on a business trip. again to ask Laconico if he was agreeable to the
According to the request, appellant went to the conditions. Laconico answered 'Yes'. Complainant
office of Laconico where he was briefed about the then told Laconico to wait for instructions on
problem. where to deliver the money.

When complainant called up, Laconico requested Complainant called up again and instructed
appellant to secretly listen to the telephone Laconico to give the money to his wife at the
conversation through a telephone extension so as office of the then Department of Public Highways.
to hear personally the proposed conditions for Laconico who earlier alerted his friend Colonel
the settlement. Appellant heard complainant Zulueta of the Criminal Investigation Service of
enumerate the following conditions for the Philippine Constabulary, insisted that
withdrawal of the complaint for direct assault. complainant himself should receive the money.
(tsn, March 10, 1982, pp. 26-33). When he
(a) the P5,000.00 was no longer received the money at the Igloo Restaurant,
acceptable, and that the figure had complainant was arrested by agents of the
been increased to P8,000.00. A Philippine Constabulary.
breakdown of the P8,000.00 had
been made together with other Appellant executed on the following day an
demands, to wit: (a) P5,000.00 no affidavit stating that he heard complainant
longer for the teacher Manuel demand P8,000.00 for the withdrawal of the case
Montebon, but for Atty. Pintor for direct assault. Laconico attached the affidavit
himself in persuading his client to of appellant to the complainant for
withdraw the case for Direct robbery/extortion which he filed against
Assault against Atty. Laconico complainant. Since appellant listened to the
before the Cebu City Fiscal's telephone conversation without complainant's
Office; consent, complainant charged appellant and
Laconico with violation of the Anti-Wiretapping
(b) Public apology to be made by Act.
Atty. Laconico before the students
of Don Bosco Technical High After trial on the merits, the lower court, found
School; both Gaanan and Laconico guilty of violating
Section 1 of Republic Act No. 4200. The two were
(c) Pl,000.00 to be given to the Don each sentenced to one (1) year imprisonment with
Bosco Faculty club; costs. The Intermediate Appellate Court affirmed
the decision of the trial court.
(d) transfer of son of Atty. Laconico
to another school or another ISSUE:
Whether or not an extension telephone is It is a rule in statutory construction that in order
covered by the term "device or arrangement" to determine the true intent of the legislature, the
under Rep. Act No. 4200. particular clauses and phrases of the statute
should not be taken as detached and isolated
RULING: expressions, but the whole and every part thereof
must be considered in fixing the meaning of any
NO. Section 1 of Rep. Act No. 4200 provides: of its parts.

Section 1. It shall be unlawful for The phrase "device or arrangement" in Section 1

any person, not being authorized of RA No. 4200, although not exclusive to that
by all the parties to any private enumerated therein, should be construed to
communication or spoken word, to comprehend instruments of the same or similar
tap any wire or cable or by using nature, that is, instruments the use of which
any other device or arrangement, would be tantamount to tapping the main line of
to secretly overhear, intercept, or a telephone. It refers to instruments whose
record such communication or installation or presence cannot be presumed by
spoken word by using a device the party or parties being overheard because, by
commonly known as a dictaphone their very nature, they are not of common usage
or dictagraph or detectaphone or and their purpose is precisely for tapping,
walkie-talkie or tape-recorder, or intercepting or recording a telephone
however otherwise described: conversation.

It shall be unlawful for any person, An extension telephone is an instrument which is

be he a participant or not in the very common especially now when the extended
act or acts penalized in the next unit does not have to be connected by wire to the
preceeding sentence, to knowingly main telephone but can be moved from place ' to
possess any tape record, wire place within a radius of a kilometer or more. A
record, disc record, or any other person should safely presume that the party he is
such record, or copies thereof, of calling at the other end of the line probably has
any communication or spoken an extension telephone and he runs the risk of a
word secured either before or after third party listening as in the case of a party line
the effective date of this Act in the or a telephone unit which shares its line with
manner prohibited by this law; or another.
to replay the same for any other
person or persons; or to G.R. No. 121087           August 26, 1999
communicate the contents thereof,
either verbally or in writing, or to FELIPE NAVARRO, petitioner,
furnish transcriptions thereof, vs.
whether complete or partial, to any THE COURT OF APPEALS and the PEOPLE OF
other person: Provided, that the THE PHILIPPINES, respondents.
use of such record or any copies
thereof as evidence in any civil, MENDOZA, J.:
criminal investigation or trial of
offenses mentioned in Section 3 FACTS:
hereof, shall not be covered by this
prohibition.
At around 8:40 in the evening of February 4,
1990, Stanley Jalbuena and Enrique "Ike"
The law refers to a "tap" of a wire or cable or Lingan, who were reporters of the radio station
the use of a "device or arrangement" for the DWTI in Lucena City, together with one Mario
purpose of secretly overhearing, intercepting, Ilagan, went to the Entertainment City following
or recording the communication. There must reports that it was showing the nude dancers.
be either a physical interruption through a After the three had seated themselves at a table
wiretap or the deliberate  installation of a and ordered beer, a scantily clad dancer
device or arrangement in order to overhear, appeared on stage and began to perform a strip
intercept, or record the spoken words. act. As she removed her brassieres, Jalbuena
brought out his camera and took a picture
An extension telephone cannot be placed in
the same category as a dictaphone, dictagraph At that point, the floor manager, Dante Liquin,
or the other devices enumerated in Section 1 with a security guard, Alex Sioco, approached
of RA No. 4200 as the use thereof cannot be Jalbuena and demanded to know why he took a
considered as "tapping" the wire or cable of a picture. Jalbuena replied: "Wala kang pakialam,
telephone line. The telephone extension in because this is my job." Sioco pushed Jalbuena
this case was not installed for that purpose. It towards the table as he warned the latter that he
just happened to be there for ordinary office use.
would kill him. When Jalbuena saw that Sioco or partial, to any other person: Provided,
was about to pull out his gun, he ran out of the That the use of such record or any copies
joint followed by his companions.6 thereof as evidence in any civil, criminal
investigation or trial of offenses
Jalbuena and his companions went to the police mentioned in section 3 hereof, shall not
station to report the matter. At the station, a be covered by this prohibition.
heated confrontation followed between the victim
Lingan and accused Navarro who wa sthen xxx     xxx     xxx
having drinks outside the headquarters. The
victim was hit with the handle of the accused’s Sec. 4. Any communication or spoken
gun below the left eyebrow, followed by the word, or the existence, contents,
fistblow, resulted the victim to fell and died under substance, purport, effect, or meaning of
treatment. \ the same or any part thereof, or any
information therein contained obtained or
The exchange of words was recorded on tape, secured by any person in violation of the
specifically the frantic exclamations made by preceding sections of this Act shall not be
Navaroo after the altercation that it was the admissible in evidence in any judicial,
victim who provoked the fight. During the trial, quasi-judicial, legislative or administrative
Jalbuena, the other media men, testified. hearing or investigation.
Presented in evidende to confirm the testimony
was a voice recording he had made of the heated Thus, the law prohibits the overhearing,
discussion at the police station betweent he intercepting, or recording of private
accused police officer Navarro and the deceased, communications. Since the exchange between
Lingan, which was taken without the knowledge petitioner Navarro and Lingan was not private,
of the two. its tape recording is not prohibited.

ISSUE: Nor is there any question that it was duly

authenticated. A voice recording is
Whether or not the tape is admissible in authenticated by the testimony of a witness
evidence under RA No. 4200. (1) that he personally recorded the
conversations; (2) that the tape played in the
court was the one he recorded; and (3) that
the voices on the tape are those of the
RULING: persons such are claimed to belong. In the
instant case, Jalbuena testified that he
personally made the voice recording;31 that
YES. The law provides: the tape played in the court was the one he
recorded;32 and that the speakers on the tape
Sec. 1. It shall be unlawful for any person, were petitioner Navarro and Lingan. A
not being authorized by all the parties to sufficient foundation was thus laid for the
any private communication or spoken authentication of the tape presented by the
word, to tap any wire or cable, or by using prosecution.
any other device or arrangement, to
secretly overhear, intercept, or record Second. The voice recording made by
such communication or spoken word by Jalbuena established: (1) that there was a
using a device commonly known as heated exchange between petitioner Navarro
dictaphone or dictagraph of and Lingan on the placing in the police blotter
dectectaphone or walkie-talkie or tape- of an entry against him and Jalbuena; and (2)
recorder, or however otherwise described: that some form of violence occurred involving
petitioner Navarro and Lingan, with the latter
It shall also be unlawful for any person, getting the worst of it.
be he a participant or not in the act or
acts penalized in the next preceding
sentence, to knowingly possess any tape
record, wire record, disc record, or any
other such record, or copies thereof, of
any communication or spoken word
secured either before or after the effective A.M. No. MTJ-96-1110            June 25, 2001
date of this Act in the manner prohibited
by this law; or to replay the same for any CONG. MANUEL N. MAMBA, et al. vs.
other person or persons; or to JUDGE DOMINADOR L. GARCIA, MTC, TUAO,
communicate the contents thereof, either CAGAYAN, respondent.
verbally or in writing, or to furnish
transcriptions thereof, whether complete FACTS:
On August 23, 1996, a complaint for violation of investigation, the latter scheduled several
Presidential Decree No. 1866 (illegal possession hearings for the reception of evidence for the
of firearms) was filed against a certain Renato respondent. The records show that hearings were
Bulatao by the Cagayan Provincial Police set on different dates (but respondent did not
Command before the sala of respondent Judge appear despite due notice. Accordingly, he was
Dominador L. Garcia of the Municipal Trial deemed to have waived the right to present
Court, Tuao, Cagayan. evidence and the case was submitted for
decision. Hence only his counter-affidavit was
Respondent set the preliminary investigation on considered, in which respondent claimed that it
September 4, 1996, but the same was was Bulatao who asked permission to talk to the
subsequently postponed and reset to October 23, two police officers. He denied that he took the
1996 as respondent was not present, although three to his chambers.
the complaining officer, P/Sr. Inspector Danny F.
Salvador, appeared in court. On October 23, The investigating judge cannot help but refer to
1996, the preliminary investigation was again the taped conversation between the two (2)
reset to October 30, 1996. On October 29, 1996, policemen and Renato Bulatao inside the
the accused, Renato Bulatao, complained to the chamber of the respondent Judge. A portion of
NBI that at the scheduled preliminary the translated dialogue between Poli and Bulatao,
investigation on September 4, 1996, P/Sr. which was in Ilocano, tends to show that the
Inspector Salvador demanded P30,000.00 from P6,000.00 pay-off handed by Bulatao to the
him in consideration of the withdrawal of the policemen was not intended for the respondent
criminal case against him. According to Bulatao, Judge but solely for the policemen and their
the demand was reiterated by Salvador and superior, P/Sr. Inspector Salvador. However, it is
respondent judge on October 23, 1996. As not easy to disregard the implication obvious
Bulatao told them that he could not afford it, the from the said conversation that the respondent
amount was reduced to P6,000.00. Judge was privy to the entire transaction. SPO IV
Poli pointedly told Bulatao "to take care of the
Based on Bulatao's report, the NBI set out to Judge" which implies that the Judge knew of the
entrap Salvador and respondent judge. The NBI pay-off being made and was willing to abide by
gave Bulatao 12 pieces of P500.00 marked bills the "deal" provided he would be "taken care of" by
amounting to P6,000.00, which the latter would Bulatao.
give to Salvador and respondent the next day.
The Investigating Judge recommended that the
Accordingly, at about 7 o'clock in the morning of respondent Judge Dominador L. Garcia be found
the following day, October 30, Bulatao met the guilty of improper conduct.
NBI operatives in the house of Francisco Mamba,
Sr., former representative of the 3rd District of ISSUES:

Cagayan, where the entrapment was planned.

Bulatao was given a tape recorder to record his 3. Whether or not the investigating judge’s
conversation with whoever will receive the money. reliance on the tape-recorded
conversation between Bulatao and the
At 9 a.m., Bulatao went to the Municipal Trial two police officers is correct; and
Court and waited for his case to be called. At
10:30 a.m., respondent went out of his chambers 4. Whether or not the crime of Bribery was
and talked to SPO2 Jonathan Santos and SPO4 committed.
Carlos Poli, representatives of P/Sr. Inspector
Salvador in the preliminary investigation. RULING.
Respondent then called Bulatao and led him and
the two police officers to the office of the MTC
3. No.
court personnel. Inside, respondent asked
Bulatao if he had the money with him. When he
answered in the affirmative, respondent took The Investigating Judge's reliance on the tape-
them to his chambers and left them there as he recorded conversation between Bulatao and the
proceeded to his sala. After handing the money to two police officers is erroneous. The recording of
the police officers, Bulatao went out of private conversations without the consent of
respondent's chambers. Upon his signal, the NBI the parties contravenes the provisions of Rep.
operatives waiting outside respondent's court Act. No. 4200, otherwise known as the Anti-
then rushed to the judge's chambers and Wire Tapping Law, and renders the same
arrested the two police officers after recovering 11 inadmissible in evidence in any
pieces of P500.00 marked bills in their proceeding. The law covers even those recorded
possession. by persons privy to the private communications,
as in this case.  Thus, the contents of the tape
recorder cannot be relied upon to determine the
After the matter was referred by this Court to
culpability of respondent judge.
Executive Judge Orlando Beltran for
 4. Yes.

It is clear that the crime of bribery was

committed. Although the evidence may not be
sufficient to support a conviction in a criminal
case, it is adequate for the purpose of these
proceedings. To constitute bribery, the
following must be shown: (1) the offender is a
public officer within the scope of Art. 203; (2)
the offender accepts an offer or a promise or
receives a gift or present by himself or
through another; (3) such offer or promise is
accepted, or gift received by the public
officer, (a) with a view to committing some
crime; (b) in consideration of the execution of
an act which does not constitute a crime, but
which is unjust; or (c) to refrain from doing
something which it is his official duty to do;
and (4) the act which he agrees to perform is
connected with the performance of his official
duties. 

 From the records, it is evident that P/Sr.

Inspector Salvador, a public officer, solicited
money from Bulatao in consideration of the
withdrawal of the case against the latter. The
former categorically told the latter that he would
withdraw the criminal case against Bulatao if
Bulatao gives him P30,000.00, which was later
lowered to P6,000.00. The fact that two of his
men came for the preliminary investigation and,
without hesitation, followed respondent judge to
his chambers after hearing that Bulatao had the
money, bears out Bulatao's allegations. Although
these circumstances do not show conclusively
that respondent judge was privy to the crime of
bribery, there is substantial evidence showing
that he was at least an accomplice to the crime
who cooperated in the execution of the offense by
previous or simultaneous acts.