penalties for acts of lasciviousness committed against minors, as reference for
future legislation and for guidance and information purposes.
Eduardo Quimvel y Braga was charged with the crime of acts of lasciviousness in an
Information, which reads:
That on or about 8 o'clock in the evening of July 18, 2007 at Palpas, 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, 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 Regional Trial Court (RTC) of Ligao City, Albay, Branch 11, found Quimvel
guilty beyond reasonable doubt of the crime of Acts of Lasciviousness in relation to
Section 5(b), Article III of R.A. 7610.[3] The dispositive portion of the RTC decision
reads:
WHEREFORE, in the light of the foregoing, judgment is hereby rendered:
1. Finding the accused, EDUARDO QUIMVEL Y BRAGA a.k.a. EDWARD/EDUARDO
QUIMVEL Y BRAGA, GUILTY beyond reasonable doubt of the crime of Acts of
Lasciviousness in relation to Section 5 (b), Article III of R.A. 7610 and hereby
sentenced him to suffer the penalty of imprisonment from 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 as maximum; and
2. ORDERING the accused, EDUARDO QUIMVEL Y BRAGA a.k.a. EDWARD/EDUARDO
QUIMVEL Y BRAGA shall be credited with the period of his preventive detention
pursuant to Article 29 of the Revised Penal Code.
No costs.
SO ORDERED.
On appeal, the Court of Appeals (CA) affirmed the RTC Decision with modification
as to the damages, civil indemnity and interest thereon,[4] to wit:
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 the accused appellant EDUARDO QUIMVEL y BRAGA also known
as EDUARDO/EDWARD QUIMVEL y BRAGA is 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
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