Pursuant to Article 336 of the Revised Penal Code, the petitioner, being guilty of acts of
lasciviousness, is punished with prision correccional. In the absence of modifying
circumstances, prision correccional is imposed in its medium period, which ranges from
two (2) years, four (4) months and one day to four (4) years and two (2) months.
Applying the Indeterminate Sentence Law, the minimum of the penalty should come
from arresto mayor, the penalty next lower than prision correccional which ranges from
one (1) month to six (6) months. Accordingly, the Court fixes the indeterminate
sentence of three (3) months of arresto mayor, as the minimum, to two (2) years, four
(4) months and one day of prision correccional, as the maximum.
In acts of lasciviousness, the victim suffers moral injuries because the offender violates
her chastity by his lewdness. "Moral damages include physical suffering, mental
anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock,
social humiliation, and similar injury. Though incapable of pecuniary computation, moral
damages may be recovered if they are the proximate result of the defendant's wrongful
act for omission."36 Indeed, Article 2219, (3), of the Civil Code expressly recognizes the
right of the victim in acts of lasciviousness to recover moral damages.37 Towards that
end, the Court, upon its appreciation of the record, decrees that P30,000.00 is a
reasonable award of moral damages.38 In addition, AAA was entitled to recover civil
indemnity of P20,000.00.39
Under Article 2211 of the Civil Code, the courts are vested with the discretion to impose
interest as a part of the damages in crimes and quasi-delicts. In that regard, the moral
damages of P20,000.00 shall earn interest of 6% per annum reckoned from the finality
of this decision until full payment.40
WHEREFORE, the Court FINDS and PRONOUNCES petitioner NORBERTO
CRUZ y BARTOLOME guilty of ACTS OF LASCIVIOUSNESS, and, ACCORDINGLY,
PENALIZES him with the indeterminate sentence of three (3) months of arresto
mayor, as the minimum, to two (2) years, four (4) months and one day of prision
correccional, as the maximum; ORDERS him to pay moral damages of P30,000.00 and
civil indemnity of P20,000.00 to the complainant, with interest of 6% per annum on
such awards reckoned from the finality of this decision until full payment;
and DIRECTS him to pay the costs of suit.
SO ORDERED.
cralawlawlib rary
Sereno, C.J., Leonardo-De Castro, Perez, and Perlas-Bernabe, JJ., concur.
Endnotes:
1Rollo,
pp. 38-49; penned by Associate Justice Eliezer R. Delos Santos (deceased), and
concurred in by Associate Justice Delilah Vidallon-Magtolis (retired) and Associate
Justice Arturo D. Brion (now a Member of the Court).
The real name of the offended party is withheld pursuant to Republic Act No. 7610
(Special Protection of Children Against Child Abuse, Exploitation and Discrimination
2