it has jurisdiction over the instant case considering that there is no family court
constituted in the area where the crime was committed; moreover, the only family
court designated in Capiz is RTC Branch 14 in Roxas City, Capiz.[56] Thus, in
accordance with Section 17[57] of RA No. 8369,[58] which provides that in areas
where there are no family courts, the cases falling under the jurisdiction of the said
family courts[59] shall be adjudicated by the regular courts, the RTC correctly
exercised jurisdiction over this case.
Under Section 5 (b) of RA 7610, the prescribed penalty for lascivious conduct is
reclusion temporal in its medium period to reclusion perpetua. In the absence of
mitigating or aggravating circumstances, the maximum term of the sentence shall
be taken from the medium period[60] thereof. Applying the Indeterminate Sentence
Law, the minimum term shall be taken within the range of the penalty next lower in
degree, which is prision mayor in its medium period to reclusion temporal in its
minimum period.[61] Accordingly, petitioner is sentenced to suffer an indeterminate
penalty of imprisonment ranging from a period often (10) years and one (1) day of
prision mayor, as minimum. to seventeen (17) years, four (4) months, and one (1)
day of reclusion temporal, as maximum. Likewise, and conformably with prevailing
jurisprudence, [62] he is directed to pay AAA the amounts of P20,000.00 as civil
indemnity, P15,000.00 as moral damages, P15,000.00 as exemplary damages, and
P15,000.00 as fine, all of which shall earn interest at the rate of six percent (6%)
per annum from the date of finality of this judgment until full payment.
WHEREFORE, the petition is DENIED. Petitioner Rizaldo L. Orsos is found GUILTY
beyond reasonable doubt of the crime of Lascivious Conduct under Section 5 (b) of
Republic Act No. 7610 and accordingly, SENTENCED to suffer the indeterminate
prison term of ten (10) years and one (1) day of prision mayor, as minimum, to
seventeen (17) years, four (4) months, and one (1) day of reclusion temporal, as
maximum, and further ORDERED to pay private complainant the amounts of
P20,000.00 as civil indemnity, P15,000.00 as moral damages, P15,000.00 as
exemplary damages, and P15,000.00 as fine. All monetary awards shall earn
interest at the legal rate of six percent (6%) per annum from the date of finality of
this Decision until full payment.
SO ORDERED.
Carpio, (Chairperson) and Peralta, JJ., concur.
Caguioa, J.: I concur consistent with my separate opinion in People vs. Caoili.
Reyes, Jr., J., on official leave.
[1]
Rollo, pp. 10-16.