Decision
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G.R. No. 234841
misapprehended or misappreciated by the lower court which, if properly
considered, would alter the result of the case. After a circumspect study of
the records, the Court sees no compelling reason to depart from the
foregoing principle." 39
As for the penalty for the crime charged herein, considering that AAA
was more than twelve (12) years old, but less than eighteen (18) years old
when Manuel threatened to kill her should she tell anyone of his lascivious
advances, forcibly placed his hand inside her shorts and underwear, and
inserted his finger into her vagina, moving it in and out for about five (5)
minutes, the imposable penalty is reclusion temporal, in its medium period,
to reclusion perpetua. Since the perpetrator of the offense is the father of the
victim, and such alternative circumstance of relationship was alleged in the
Information and proven during trial, the same should be considered as an
aggravating circumstance for the purpose of increasing the period of the
imposable penalty. There being no mitigating circumstance to offset the said
alternative aggravating circumstance, the penalty provided shall be imposed
in its maximum period, i.e., reclusion perpetua. This is also in consonance
with Section 31(c),40 Article XII 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. Moreover, Manuel should
be ordered to pay the victim, AAA, civil indemnity, moral damages and
exemplary damages in the amount of P75,000.00 each, pursuant to People v.
Jugueta 41 and People v. Salvador Tulagan, 42 with interest at the rate of six
percent (6%) per annum from the date of finality of judgment until fully
paid, and a fine in the amount of P15,000.00, pursuant to Section 3 l(f), 43
Article XII ofR.A. No. 7610.
WHEREFORE, premises considered, the instant petition is
DENIED. The assailed Decision dated May 19, 2017 and Resolution dated
September 27, 2017 of the Court of Appeals are AFFIRMED with
MODIFICATION. Manuel Barallas Ramilo is guilty of Lascivious
Conduct under Section 5(b), Article III of Republic Act No. 7610, and is
sentenced to suffer the penalty of reclusion perpetua and to pay a fine of
Pl 5,000.00. He is further ordered to pay the victim, AAA, civil indemnity,
moral damages and exemplary damages, each in the amount of P75,000.00.
39
People v. Raul Macapagal, supra note 31; citation omitted.
Sec. 31. Common Penal Provisions. xxxx
(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an
ascendant, parent, guardian, stepparent or collateral relative within the second degree of consanguinity or
affinity, or a manager or owner of an establishment which has no license to operate or its license has
expired or has been revoked.
41
783 Phil. 806 (2016).
42
Supra note 23.
43
Sec. 31. Common Penal Provisions. xxxx
(f) A fine to be determined by the court shall be imposed and administered as a cash fund by t h /
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.
40
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