FIRST DIVISION
G.R. No. 218592, August 02, 2017
CHRISTOPHER FIANZA A.K.A. "TOPEL," Petitioner, v. PEOPLE OF THE
PHILIPPINES, Respondent.
DECISION
PERLAS-BERNABE, J.:
Assailed in this petition for review on certiorari1 are the Decision2 dated November 24,
2014 and the Resolution3 dated May 29, 2015 of the Court of Appeals (CA) in CA-G.R.
CR No. 35293, which upheld the Decision4 dated September 6, 2012 of the Regional
Trial Court of Tayug, Pangasinan, Branch 52 (RTC) in Criminal Case Nos. T-5144 and T5145, finding petitioner Christopher Fianza a.k.a. "Topel" (Fianza) guilty beyond
reasonable doubt of two (2) counts of violation of Section 5 (b),5 Article III of Republic
Act No. (RA) 7610,6 otherwise known as the "Special Protection of Children Against
Abuse, Exploitation and Discrimination Act."
The Facts
Fianza was charged with two (2) counts of violation of Section 5 (b), Article III of RA
7610 under two (2) Informations7 dated April 6, 2011 filed before the RTC.8 The
prosecution's version of the incidents are as follows:
Sometime in July 2010,9 AAA,10 who was then 11 years old, was called by Fianza to his
house and thereupon, was asked to wash his clothes. After AAA was finished with the
laundry, Fianza asked her to go with him to the kamalig. Thereat, they proceeded to
the second floor where Fianza removed his pants and briefs, lied down, and ordered
AAA to hold his penis and masturbate him. After ejaculating, Fianza put on his clothes,
and gave P20.00 to AAA who, thereafter, went home.11
On November 30, 2010, while AAA was home, Fianza called her to his house, and asked
her to clean the same. After she was done sweeping the floor, they proceeded to the