Quimvel v. People

Facts:

AAA, 7yo, is the oldest among the children of XXX and YYY. XXX worked as a household helper in Batangas while YYY was a Barangay Tanod who derived income from selling vegetables. AAA and her siblings, BBB and CCC, were then staying with YYY in Palapas, Ligao City. Quimvel was the caretaker of the ducks of AAA’s grandfather.

On July 18, 2007, around 8pm, YYY went out of the house to buy kerosene since there was no electricity. While YYY was away, Quimvel arrived bringing a vegetable viand from AAA's grandfather. AAA requested Quimvel to stay with them as she and her siblings were afraid. He agreed and accompanied them. AAA and her siblings then went to sleep. However, she was awakened when she felt Quimuel's right leg on top of her body. She sensed Quimvel inserting his right hand inside her panty. She felt Quimvel caressing her private part. She removed his hand.

After a few days, XXX arrived from Batangas. BBB told her about the incident between Quimvel and AAA.

RTC found Quimvel guilty beyond reasonable doubt for the crime of Acts of Lasciviousness in Sec 5(b) RA 7610. CA affirmed the decision of RTC.

Issues:

I. The CA erred in affirming the decision of the trial court as the prosecution was not able to prove that he is guilty of the crime charged beyond reasonable doubt.

II. Assuming without admitting that he is guilty hereof, he may be convicted only of acts of lasciviousness under Art. 336 of the Revised Penal Code (RPC) and not in relation to Sec. 5(b) of RA 7610.

Held:

The elements of Acts of Lasciviousness in Art 336 of the RPC are as follows: 1. That the offender commits any act of lasciviousness or lewdness; 2. That it is done under any of the following circumstances: a) Through force, threat, or intimidation; b) When the offended party is deprived of reason or otherwise unconscious; c) By means of fraudulent machination or grave abuse of authority; d) When the offended party is under twelve 12 years of age or is demented, even though none of the circumstances mentioned above be present; and 3. That the offended party is another person of either sex.

The elements of Acts of Lasciviousness in Sec5(b) of RA 7610 are as follows: 1. The accused commits the act of sexual intercourse or lascivious conduct; 2. The said act is performed with a child exploited in prostitution or subjected to other sexual abuse; and 3. That child, whether male or female, is below 18 years of age.

If Art. 336 then ceased to be a penal provision in view of its alleged incompleteness, then so too would Sec. 5(b) of RA 7610 be ineffective since it defines and punishes the prohibited act by way of reference to the RPC provision.

That AAA is a child of tender years does not detract from the weight and credibility of her testimony. On the contrary, even more credence is given to witnesses who were able to candidly relay their testimony before the trial courts under such circumstance. The child's willingness to undergo, the trouble and humiliation of a public trial is an eloquent testament to the truth of her complaint.