legal effects under the system of penalties native to the Code would also
necessarily apply to the special law.
Thus, in People v. Santos (Santos),[71] which similarly involved charges for Acts of
Lasciviousness under Sec. 5(b) of RA 7610, the Court applied the ISL and adjusted
the prison term meted to the accused-appellant therein. In the absence of
mitigating or aggravating circumstances, the Court held that the maximum term of
the sentence to be imposed shall be taken from the medium period of reclusion
temporal in its medium period, which ranges from fifteen (15) years, six (6)
months and twenty-one (21) days to sixteen (16) years, five (5) months and nine
(9) days. On the other hand the minimum term shall be taken from the penalty
next lower to reclusion temporal medium, that is reclusion temporal minimum,
which ranges from twelve (12) years and one (1) day to fourteen (14) years and
eight (8) months.
From the foregoing, it becomes clear that the prison term meted to petitioner (i.e.
fourteen (14) years, eight (8) months and one (1) day of reclusion temporal in its
medium period as minimum to fifteen (15) years, six (6) months and nineteen (19)
days of reclusion temporal in its medium period) must be modified to be in
consonance with the Court's ruling in Santos. Accordingly, the minimum prison
term shall be reduced to twelve (12) years and one (1) day, while the maximum
term shall be adjusted to fifteen (15) years, six (6) months and twenty-one (21)
days.
WHEREFORE, the instant petition is hereby DENIED. The Court of Appeals
Decision in CA-G.R. CR No. 35509 finding petitioner Eduardo Quimvel y Braga also
known as Eduardo/Edward Quimuel y Braga guilty beyond reasonable doubt of acts
of lasciviousness is hereby AFFIRMED with MODIFICATION as follows:
WHEREFORE, the Decision dated 23 January 2013 of the Regional Trial Court, Fifth
Judicial Region, Ligao City Branch 11, in Criminal Case No. 5530, is hereby
MODIFIED in that accused-appellant EDUARDO QUIMVEL y BRAGA also known as
EDUARDO/EDWARD QUIMUEL y BRAGA is SENTENCED to suffer the indeterminate
imprisonment of twelve (12) years and one (1) day of reclusion temporal in its
minimum period as minimum to fifteen (15) years. six (6) months, and twenty-one
(21) days of reclusion temporal in its medium period as maximum. He is further
ORDERED to pay the victim, AAA, moral damages, exemplary damages and fine in
the amount of P15,000.00 each as well as P20,000.00 as civil indemnity. All
damages shall earn interest at the rate of six percent (6%) per annum from the
date of finality of this judgment.
SO ORDERED.
Sereno, C. J., Leonardo-De Castro, Bersamin, Mendoza, Reyes, Martires, and Tijam,