(15)-year old minor, was cleaning chicken cages at the back of her house when
suddenly, Ejercito threatened her, removed her lower garments, covered her
mouth, and proceeded to have carnal knowledge of her without her consent. The
RTC, as affirmed by the CA, found AAA's testimony to be credible, noting further
that Ejercito failed to establish any ill motive on her part which could have
compelled her to falsely accuse him of the aforesaid act. In this relation, case law
states that the trial court is in the best position to assess and determine the
credibility of the witnesses presented by both parties, and hence, due deference
should be accorded to the same.[19] As there is no indication that the RTC, as
affirmed by the CA, overlooked, misunderstood or misapplied the surrounding facts
and circumstances of the case, the Court therefore finds no reason to deviate from
its factual findings.
The Court remains mindful that Section 5 (b) of RA 7610,[20] which, to note, was
passed prior to RA 8353 on June 17, 1992, equally penalizes those who commit
sexual abuse, by means of either (a) sexual intercourse or (b) lascivious
conduct, against "a child exploited in prostitution or subjected to other
sexual abuse," viz.:
Section 5. Child Prostitution and Other Sexual Abuse. - Children, whether male or
female, who for money, profit, or any other consideration or due to the coercion or
influence of any adult, syndicate or group, indulge in sexual intercourse or
lascivious conduct, are deemed to be children exploited in prostitution and other
sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall
be imposed upon the following:
xxxx
(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; x
xx
xxxx
In Quimvel v. People (Quimvel),[21] the Court set important parameters in the
application of Section 5 (b) of RA 7610, to wit: