Decision
G.R. No. 235562
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(b) Those who commit the act of sexual intercourse or
lascivious conduct with a child exploited in prostitution or subjected
to other sexual abuse: Provided, That when the victim is under
twelve (12) years of age, the perpetrators shall be prosecuted under
Article 335, paragraph 3, for rape and Article 336 of Act No. 3815,
as amended, the Revised Penal Code, for rape or lascivious conduct,
as the case may be: Provided, That the penalty for lascivious conduct
when the victim is under twelve (12) years of age shall be reclusion
temporal in its medium period.
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Sec. 31. Common Penal Provisions. XXX
(f) A fine to be determined by the court shall be imposed and
administered as a cash fund by the Department of Social Welfare
and Development and disbursed for the rehabilitation of each child
victim, or any immediate member of his family if the latter is the
perpetrator of the offense.
People v. Caoili41 applied the foregoing provisions in this wise:
Considering that AAA was over 12 but under 18 years of age at the
time of the commission of the lascivious act, the imposable penalty is
reclusion temporal in its medium period to reclusion perpetua.
Since the crime was committed by the father of the offended party,
the alternative circumstance ofrelationship should be appreciated. In crimes
against chastity, such as acts of lasciviousness, relationship is always
aggravating. With the presence of this aggravating circumstance and no
mitigating circumstance, the penalty shall be applied in its maximum
period, i.e., reclusion perpetua, without eligibility of parole. This is in
consonance with Section 3l(c) ofR.A. No. 7610 which expressly provides
that the penalty shall be imposed in its maximum period when the
perpetrator is, inter alia, the parent of the victim.
Likewise, Section 31(f) of R.A. No. 7610 imposes a fine upon the
perpetrator, which jurisprudence pegs in the amount of Php 15,000.
As for the appropriate monetary awards, Caoili decreed:
Parenthetically, considering the gravity and seriousness of the
offense, taken together with the evidence presented against Caoili, this
Court finds it proper to award damages.
In light of recent jurisprudential rules, when the circumstances
surrounding the crime call for the imposition of reclusion perpetua, the
victim is entitled to civil indemnity, moral damages and exemplary damages
each in the amount of Php 75,000.00, regardless of the numb~r of qualifying
aggravating circumstances present.
41
815 Phil. 839, 896-897 (2017).
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