808 Phil. 889
EN BANC
[ G.R. No. 214497, April 18, 2017 ]
EDUARDO QUIMVEL Y BRAGA, PETITIONER, VS. PEOPLE OF
THE PHILIPPINES, RESPONDENT.
DECISION
VELASCO JR., J.:
The Case
Before us is a Petition for Review on Certiorari under Rule 45 of the Rules of Court
assailing the May 29, 2014 Decision[1] and September 15, 2014 Resolution[2] of the
Court of Appeals (CA) in CA-G.R. CR No. 35509.[3] The challenged rulings sustained
the petitioner's conviction[4] of the crime of Acts of Lasciviousness in relation to Sec.
5(b), Article III of Republic Act No. (RA) 7610.[5]
The Information reads:[6]
AMENDED INFORMATION
The Undersigned Assistant City Prosecutor of Ligao City hereby accuses EDUARDO
QUIMVEL y BRAGA also known as EDWARD/EDUARDO QUIMUEL y BRAGA of the
crime of Acts of Lasciviousness in relation to Section 5(b) of R.A. No. 7610,
committed as follows:
That on or about 8 o'clock in the evening of July 18, 2007 at Palapas, Ligao City,
Philippines, and within the jurisdiction of this Honorable Court, the above-named
accused, with lewd and unchaste design, through force and intimidation, did then
and there, willfully, unlawfully and feloniously, insert his hand inside the panty of
[AAA],[7] a minor of 7 years old and mash her vagina, against her will and consent,
to her damage and prejudice.
ACTS CONTRARY TO LAW.
The Facts
The facts of the case, as can be gleaned from the Decision of the CA, are as
follows:[8]
AAA, who was seven years old at the time of the incident, is the oldest among the
children of XXX and YYY. XXX worked as a household helper in Batangas while YYY