July 17, 2017

G.R. No. 221443

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee

vs.
DOMINADOR LADRA, Accused-Appellant

DECISION

PERLAS-BERNABE, J.:

On appeal  is the Decision  dated June 30, 2015 rendered by the Court of Appeals (CA) in CA-G.R.
1 2

CR-HC No. 01160-MIN, which affirmed the Joint Decision  dated February 6, 2013 of the Regional
3

Trial Court of Cagayan de Oro City, Branch 22 (RTC) in FC Crim. Case Nos. 2008-426 and 2008-
427 finding accused-appellant Dominador Ladra (accused-appellant) guilty beyond reasonable doubt
of Rape and Unjust Vexation.

The Facts

Private complainant AAA  was born on September 3, 1995  and the eldest of five (5) siblings. At the
4 5

time material to these cases, she lived with her family in a remote area in Dumarait, Balingasag,
Misamis Oriental. 6

On the other hand, it was alleged that accused-appellant was a relative of BBB, AAA's mother, who
allowed him to stay with their family out of pity. He ran errands for them and attended to the children
when BBB was busy washing clothes and her husband, CCC, was tending to their farm. 7

Sometime between 2000 to 2001,  when AAA was around five (5) years old, she and her siblings
8

were left at home with accused-appellant. After their meal, accused-appellant ordered them to sleep.
Suddenly, AAA was awakened when she felt accused-appellant, who was already naked, on top of
her, forced his penis into her vagina, and made push and pull movements, causing her pain.
Accused-appellant threatened to kill her if she told anyone. Thereafter, accused-appellant repeatedly
molested her, each time bringing his bolo with him.  The sexual abuse ceased in 2002, when
9

accused-appellant left their house. 10

Years later, or on the evening of April 16, 2008, AAA - who was already twelve (12) years old at the
time - was surprised when she saw accused-appellant in their kitchen. To her shock, accused-
appellant squeezed her vagina and told her that they were going to visit his house. Scared, AAA
cried and told her cousin, DDD, about the incident.  She also told DDD about the first rape incident
11

and the subsequent ones committed by accused-appellant. Eventually, AAA told BBB about her
traumatic experiences in the hands of accused-appellant when she was five (5) years old. Together,
they reported the incident to the barangay and thereafter, had the incident recorded in the police
blotter.  Later, AAA filed criminal cases against accused-appellant, who was subsequently arrested.
12 13

On April 19, 2008, Dr. Ma. Josefina Villanueva Taleon (Dr. Taleon), Medical Officer III at the
Northern Mindanao Medical Center, conducted a physical examination on AAA and found the
presence of old healed lacerations in her genitalia at the three (3), eigth (8), and ten (10) o'clock
positions. 14
Hence, accused-appellant was charged with violation of Section 5 (b) of Republic Act
No. (RA) 7610 in an Information  that reads:
15

Sometime in 2000 up to 2001, when the private complainant is about five to six [5 to 6] years old, at
Dumarait, Balingasag, Misamis Oriental, Philippines, within the jurisdiction of the Honorable Court,
the abovenamed accused knowing full well the minority, with obvious ungratefulness, did then and
there willfully, unlawfully and feloniously commit acts of sexual abuse on one [AAA], five to six years
old, by inserting his penis into her vagina, against her will and without her consent, and which act
debases, degrades and demeans the intrinsic worth and dignity of [AAA] as a child and as a human
being and is prejudicial to the child's development.

CONTRARY TO and in violation of Section 5 Paragraph B of RA 7610. 16

Likewise, accused-appellant was charged with Acts of Lasciviousness in an Information  that reads:

17

On 16 April 2008 at about 8:00 o'clock in the evening in Dumarait, Balingasag, Misamis Oriental,
Republic of the Philippines and within the jurisdiction of this Honorable Court, the above-named
accused, who knew full well the minority of the victim, through force and intimidation, actuated by
lust or lewd design, did then and there willfully, unlawfully and feloniously commit a lascivious
conduct on twelve-year [12] old [AAA] by squeezing her vagina against her will and to her damage
and prejudice.

CONTRARY TO and in violation of Article 336 of the Revised Penal Code as amended. 18

When arraigned, accused-appellant entered a plea of not guilty to the offenses charged. 19

In defense, accused-appellant denied the charges and claimed that AAA' s family were angry at him
when he left their house, leaving no one to attend to their errands. He asserted that he left them
because he could no longer understand what they were asking him to do for them. 20

The RTC Ruling

In a Joint Decision  dated February 6, 2013, the RTC convicted accused-appellant of: (a) Rape in
21

FC Crim. Case No. 2008-426, sentencing him to suffer the penalty of reclusion perpetua and to pay
AAA the amounts of ₱50,000.00 as civil indemnity, ₱50,000.00 as moral damages, and ₱30,000.00
as exemplary damages; and (b) Unjust Vexation in FC Crim. Case No. 2008-427, sentencing him to
suffer the penalty of imprisonment for a period of 30 days of arresto menor and to pay a fine of
₱200.00 with accessory penalties. 22

In finding accused-appellant guilty of Rape in FC Criminal Case No. 2008-426, the RTC found that
although the allegations in the Information are sufficient to make out a case for child abuse, it also
constitutes Statutory Rape under Article 266-A of the Revised Penal Code (RPC), as amended.
Relative thereto, it found that AAA's narration of her defloration in the hands of accused-appellant
more than sufficiently established the offense, as well as the identity of the offender. Despite her
tender age, she was straightforward, clear, categorical, and positive in her testimony, indicating that
she was telling the truth. Moreover, her account of the incident was supported by the medical
findings of Dr. Taleon, who testified that there were healed lacerations in AAA' s genitalia at the 3, 8,
and 10 o'clock positions.23

As regards FC Criminal Case No. 2008-427, the RTC found that the prosecution has established
that on the evening of April 16, 2008, when AAA went to their kitchen, she encountered accused-
appellant who, without warning, "just squeezed her vagina."  The RTC opined, however, that the
24

prosecution failed to establish the element of lasciviousness or lewdness as would justify accused-
appellant's conviction for the crime of Acts of Lasciviousness. The overt act of accused-appellant of
squeezing AAA's vagina did not show that he intended to gratify his sexual desires nor was it
demonstrative of carnal lust. Nonetheless, AAA was clearly annoyed by the act; perforce, the R TC
found accused-appellant guilty of Unjust Vexation, defined and penalized under Article 287  of the
25

RPC. 26

Conversely, the RTC brushed aside the defense proffered by accused-appellant, which it found
insufficient to debunk the positive evidence of the prosecution.  Dissatisfied, accused-appellant
27

appealed his conviction. 28

The CA Ruling

In its assailed Decision  dated June 30, 2015, the CA affirmed in toto  the RTC's Joint Decision
29 30

convicting accused-appellant of Rape and Unjust Vexation. Apart from concurring with the RTC's
findings and conclusions, the CA found no merit in accused-appellant's contention that it was
impossible for him to commit the crime as AAA's younger brother was sleeping beside her at the
time of the alleged rape incident. Disregarding the argument, the CA ruled that the presence of
another person at the scene does not render it impossible for accused-appellant to commit the crime
of Rape. As regards its affirmance of accused-appellant's conviction for Unjust Vexation, the CA did
not proffer any justification. 31

Aggrieved, accused-appellant is now before the Court seeking the reversal of his conviction. 32

The Issue Before the Court

The sole issue for the Court's resolution is whether or not the CA erred in affirming accused-
appellant's conviction for Rape and Unjust Vexation.

The Court's Ruling

The appeal has no merit.

Time and again, the Court has held that factual findings of the trial court, especially on the credibility
of witnesses, are accorded great weight and respect and will not be disturbed on appeal. This rule,
however, admits of exceptions such as where there exists a fact or circumstance of weight and
influence which has been ignored or misconstrued, or where the trial court has acted arbitrarily in its
appreciation of the facts. 33

In FC Criminal Case No. 2008-426, the Court accords credence to the RTC's finding, as affirmed by
the CA, that accused-appellant indeed committed the crime of Rape against then five (5)-year-old
AAA. As astutely observed by the R TC, which had the opportunity to personally scrutinize AAA's
conduct and demeanor during trial, she was a credible witness whose testimony must be given great
weight. The trial judge's evaluation, which the CA sustained, now binds the Court, leaving to the
accused-appellant the burden to bring to the fore facts or circumstances of weight, which were
otherwise overlooked, misapprehended or misinterpreted that would materially affect the disposition
of the case differently if duly considered.  Unfortunately for accused-appellant, he miserably failed to
34

discharge this burden, and the Court finds no reason to reverse the CA's conclusions.
Moreover, the CA correctly disregarded accused-appellant's argument that he could not have
committed the crime in the presence of AAA's younger brother, who slept beside her.  It cannot be
35

denied that the presence of AAA' s brother in the room does not negate the commission of the crime.
"Rape can be committed even in places where people congregate, in parks, along the roadside,
within school premises, inside a house where there are other occupants, and even in the same room
where other members of the family are also sleeping. It is not impossible or incredible for the
members of the victim's family to be in deep slumber and not to be awakened while a sexual assault
is being committed. It is settled that lust is not a respecter of time or place and rape is known to
happen in the most unlikely places." 36

In view thereof, the courts a quo correctly found accused-appellant guilty of Rape and sentenced
him to suffer the penalty of reclusion perpetua. However, the Court modifies the amounts of
damages awarded conformably with prevailing jurisprudence.  Accordingly, accused-appellant is
37

ordered to pay AAA the amount of ₱75,000.00 as moral damages, ₱75,000.00 as civil indemnity,
and ₱75,000.00 as exemplary damages.

In FC Criminal Case No. 2008-427, however, the Court disagrees with the CA's affirmance of the
RTC's finding that accused-appellant can only be held guilty of Unjust Vexation. After a punctilious
review of the evidence, the Court finds that he should instead be convicted of Acts of
Lasciviousness, as charged in the information, in relation to Section 5 (b) of RA 7610.

Acts of Lasciviousness is defined and penalized under Article 336 of the RPC, which reads:

Article 336. Acts of lasciviousness. - Any person who shall commit any act of lasciviousness upon
other persons of either sex, under any of the circumstances mentioned on the preceding article, shall
be punished by prision correccional.

Conviction for such crime requires the concurrence of the following elements: (a) that the offender
commits any act of lasciviousness or lewdness; (b) that it is done under any of the following
circumstances: (i) through force, threat, or intimidation, (ii) when the offended party is deprived of
reason or otherwise unconscious, (iii) by means of fraudulent machination or grave abuse of
authority, and (iv) when the offended party is under twelve (12) years of age or is demented, even
though none of the circumstances mentioned above be present; and (c) that the offended party is
another person of either sex. 38

Meanwhile, Section 5 (b) of RA 7610 provides:

Section 5. Child Prostitution and Other Sexual Abuse. - Children, 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 conduct, are deemed to be children exploited in
prostitution and other sexual abuse.

The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon
the following:

xxxx

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

conduct with a child exploited in prostitution or subject to other sexual abuse; Provided, That when
the victim is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335,
paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for
rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct
when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period;
and

Before an accused can be held criminally liable for lascivious conduct under Section 5 (b) of RA
7610, the requisites of the crime of Acts of Lasciviousness as penalized under Article 336 of the
RPC above-enumerated must be met in addition to the requisites for sexual abuse under Section 5
(b) of RA 7610, as follows: (1) the accused commits the act of sexual intercourse or lascivious
conduct; (2) the said act is performed with a child exploited in prostitution or subjected to other
sexual abuse; and (3) that the child, whether male or female, is below 18 years of age. 39

A judicious examination of the records reveals that all the elements of the crime of Acts of
Lasciviousness under the RPC and lascivious conduct under Section 5 (b) of RA 7610 have been
sufficiently established. The prosecution was able to prove AAA's minority at the time of the incident
through the presentation of her Certificate of Live Birth  showing that she was born on September 3,
40

1995. At the time of the commission of the lascivious act, AAA was then 12 years old. It was likewise
established that accused-appellant, an adult who exercised influence on AAA, committed a
lascivious act by "squeezing" her vagina.

The courts a quo convicted accused-appellant of the crime of Unjust Vexation instead of Acts of
Lasciviousness on the finding that there was no element of lasciviousness or lewdness in accused-
appellant's act. In its Decision, the RTC even pointed out that accused-appellant could not have
intended to lie with AAA at that moment considering that she still had her underwear on, and the act
of "squeezing" her private part was not demonstrative of carnal lust. 41

The Court disagrees.

"Lascivious conduct" is defined in Section 2 of the Rules and Regulations on the Reporting and
Investigation of Child Abuse Cases, as follows:

[T]he intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast,
inner thigh, or buttocks, or the introduction of any object into the genitalia, anus or mouth, of any
person, whether of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or
arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the
genitals or pubic area of a person.

In Amployo v. People,  the Court expounded on the definition of the word "lewd," to wit:
42

The term "lewd" is commonly defined as something indecent or obscene; it is characterized by or

intended to excite crude sexual desire. That an accused is entertaining a lewd or unchaste design is
necessarily a mental process the existence of which can be inferred by overt acts carrying out such
intention, i.e., by conduct that can only be interpreted as lewd or lascivious. The presence or
absence of lewd designs is inferred from the nature of the acts themselves and the environmental
circumstances. What is or what is not lewd conduct, by its very nature, cannot be pigeonholed into a
precise definition. As early as US. v. Gomez we had already lamented that -

It would be somewhat difficult to lay down any rule specifically establishing just what conduct makes
one amenable to the provisions of article 439 of the Penal Code. What constitutes lewd or lascivious
conduct must be determined from the circumstances of each case. It may be quite easy to determine
in a particular case that certain acts are lewd and lascivious, and it may be extremely difficult in
another case to say just where the line of demarcation lies between such conduct and the amorous
advances of an ardent lover. 43

After a careful evaluation, the Court finds that the mere fact of "squeezing" the private part of a child
- a young girl 12 years of age - could not have signified any other intention but one having lewd or
indecent design. It must not be forgotten that several years prior, accused-appellant had raped AAA
in the same house, for which act he was appropriately convicted. Indeed, the law indicates that the
mere touching - more so, "squeezing," in this case, which strongly suggests that the act was
intentional - of AAA's genitalia clearly constitutes lascivious conduct. It could not have been done
merely to annoy or vex her, as opined by the courts a quo. That AAA was fully clothed at that time,
which led the courts a quo to believe that accused-appellant could not have intended to lie with her,
is inconsequential. "'Lewd' is defined as obscene, lustful, indecent, and lecherous. It signifies that
form of immorality which has relation to moral impurity; or that which is carried on a wanton
manner."44 As such, accused-appellant's act of squeezing AAA's vagina was a lewd and lascivious
act within the definitions set by law and jurisprudence.

Under Section 5 (b) of RA 7610, the prescribed penalty for lascivious conduct is reclusion
temporal in its medium period to reclusion perpetua. In the absence of mitigating or aggravating
circumstances, the maximum term of the sentence shall be taken from the medium period  thereof.
45

Applying the Indeterminate Sentence Law, the minimum term shall be taken within the range of the
penalty next lower in degree, which is prision mayor in its medium and maximum periods
to reclusion temporal in its minimum period.  Accordingly, accused-appellant is sentenced to suffer
46

an indeterminate penalty of imprisonment ranging from ten (10) years and one (1) day of prision
mayor, as minimum, to 17 years, four (4) months, and one (1) day of reclusion temporal, as
maximum. In addition, and conformably with recent jurisprudence, accused-appellant is ordered to
pay AAA the amounts of ₱20,000.00 as civil indemnity, ₱l5,000.00 as moral damages, ₱l 5,000.00
as exemplary damages, and ₱l 5,000.00 as fine, all of which shall earn interest at the rate of six
percent (6%) per annum from the date of finality of this judgment. 47

WHEREFORE, the Decision dated June 30, 2015 of the Court of Appeals in CA-G.R. CR-HC No.
01160-MIN is hereby AFFIRMED with the following MODIFICATIONS:

(1) In FC Criminal Case No. 2008-426, accused-appellant Dominador Ladra is found guilty
beyond reasonable doubt of the crime of Rape under Article 266-A of the Revised Penal
Code, as amended, and, accordingly, sentenced to suffer the penalty of reclusion
perpetua and to pay private complainant the amounts of ₱75,000.00 as moral damages,
₱75,000.00 as civil indemnity, and ₱75,000.00 as exemplary damages;

(2) In FC Criminal Case No. 2008-427, accused-appellant Dominador Ladra is found guilty
beyond reasonable doubt of the crime of Acts of Lasciviousness under Article 336 of the
Revised Penal Code, as amended, in relation to Section 5 (b) of Republic Act No. 7610 and,
accordingly, sentenced to suffer the indeterminate prison term of 10 years and one (1) day
of prision mayor, as minimum, to 17 years, four (4), months and one (1) day of reclusion
temporal, as maximum, and to pay private complainant the amounts of ₱20,000.00 as civil
indemnity, ₱15,000.00 as moral damages, ₱l 5,000.00 as exemplary damages, and ₱l
5,000.00 as fine;

(3) Accused-appellant Dominador Ladra is ordered to pay the private complainant interest on
all monetary awards at the legal rate of six percent (6%) per annum from the date of finality
of this Decision until full payment.

SO ORDERED.