second floor of the kamalig. Thereat, Fianza again removed his pants and briefs, lied
down, and ordered AAA to fondle his penis. After the deed, he gave P20.00 to AAA who,
thereafter, went home.12
After the second incident, AAA related the matter to her cousin, CCC,13 who, in turn,
told BBB,14 AAA's mother, who reported the matter to the police.15
For his part, Fianza interposed the defense of denial and alibi. He claimed that he lived
with his uncle in Andalasi, Pangasinan (Andalasi), while the rest of his family resided in
Sapinit, Pangasinan (Sapinit), and were neighbors with AAA. He averred that in July
2010, he went to Sapinit to gamble all night, and went to his parents' house the
following morning to sleep before going home to Andalasi.16 As for the November 30,
2010 incident, he maintained that he was in Andalasi drinking with his friends as he had
just sold a carabao. The next day, he went to get the carabao that he sold, and bought
more liquor. He proceeded to Sapinit to have another drinking session that lasted until
December 4, 2010.17
The RTC Ruling
In a Decision18 dated September 6, 2012, the RTC found Fianza guilty beyond
reasonable doubt of two (2) counts of violation of Section 5 (b), Article III of RA 7610,
and sentenced him to suffer the penalty of imprisonment for an indeterminate period of
twelve (12) years and one (1) day of reclusion temporal minimum, as minimum, to
fourteen (14) years, eight (8) months and one (1) day of reclusion temporal medium,
as maximum, and ordered him to pay AAA the amount of P30,000.00 as moral
damages for each count.
The RTC held that for an accused to be convicted of child abuse through lascivious
conduct on a minor below 12 years old, the requisites for acts of lasciviousness under
Article 33619 of the Revised Penal Code (RPC) must be met in addition to the requisites
of sexual abuse under Section 5 of RA 7610,20 which the prosecution was able to
establish. It gave full faith and credence to the testimony of AAA who remained
steadfast in her claim and who was not shown to have been impelled by any ill-motive