(14) years and eight (8) months, and the maximum should be reclusion temporal in its
medium period. In relation thereto, Article 64 of the RPC provides that when the
penalty prescribed by law contains three periods (such as reclusion temporal) and in
the absence of aggravating or mitigating circumstances, the penalty shall be imposed in
its medium period. See Quimvel v. People, G.R. No. 214497, April 18, 2017, citing
People v. Santos, 753 Phil. 637 (2015).
58
See Imbo v. People, G.R. No. 197712, April 20, 2015, citing People v. Baraga, supra
note 31, at 302; Roallos v. People, 723 Phil. 655, 672-673 (2013); Garingarao v.
People, 669 Phil. 512, 524-525 (2011); People v. Fragante, supra note 42, at 602.
DISSENTING OPINION
CAGUIOA, J.:
The People's evidence shows that one morning in July 2010, Petitioner called 11-yearold AAA and asked the latter to wash his clothes in the bathroom of his house. After
AAA had done so, Petitioner invited her to go with him to the kamalig, and at the
second floor of the kamalig, Petitioner removed his pants, lay down, and asked AAA to
hold his penis and "salsalen" (masturbate him). AAA did as instructed. After Petitioner
ejaculated, he put on his pants and gave AAA P20.00. The same incident occurred on
November 30, 2010, when Petitioner asked AAA to clean his house. After AAA cleaned
Petitioner's house, the latter again asked AAA to go with him to the kamalig, where he
again asked AAA to fondle his penis. After ejaculating, Petitioner again gave AAA
P20.00. After the second incident, AAA reported the matter to her cousin CCC, who
then told BBB, AAA's mother, of the incident.
Acting on two (2) Informations, each charging Petitioner with one violation of Section
5(b), Article III of Republic Act No. (R.A.) 7610, the RTC convicted Petitioner for two
(2) counts of violation of Section 5(b), Article III of R.A. 7610, and sentenced him to
suffer the penalty of imprisonment for an indeterminate period of 12 years and 1 day of