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VIII.

CHILD ABUSE

Clement John Ferdinand Navarrete v People of the Philippines


GR No 147913, 31 January 2007

Nature: Petition for review on certiorari of the decision and resolution of the CA
Ponente: Corona, J.
Facts:
The 5 years old victim went to petitioner’s house to watch television, and
that is where petitioner sexually abused her by placing his penis in her vagina,
poking her vagina with a stick with cotton twice, and boxing her right eye. The
petitioner then brought her to the comfort room and pointed a knife to ther
throat, then they watched a pornographic movie together.
The petition for review on certiorari assails the decision and resolution of
the Court of Appeals which affirmed the Regional Trial Court decision in finding
petitioner guilty of acts of lasciviousness under Article 336 of the RPC in relation
to Section 5(b) Article III of RA 7610.

Issues:
Whether or not the accused can be convicted of acts of lasciviousness, a
crime not specifically alleged in the information

Held:
Yes

Ruling:
In People v Bon, accused was charged with the rape of a six-year old girl.
The Court ruled that rape was not proved beyond reasonable doubt. However,
held that the accused was “liable for the crime of acts of lasciviousness, as
defined and penalized under Art 336 of the RPC in relation to RA 7610.” Since all
the elements of the offensse were established.
Hence, petitioner cannot successfully argue that his constitutionally
protected right to be informed of the nature and cause of the accusation against
him was violated when he was found guilty under Section 5 of RA 7610.
In Amployo v People, the Court held that pursuant to Sec 5(b) of RA 7610,
before an accused can be convicted of child abuse through lascivious conduct on
a minor below 12 years of age, the requisites for acts of lasciviousness under Art
336 of RPC must be met in additional to the requisites for sexual abuse under
Section 5 of RA 7610.
In the case, the elements of acts of lasciviousness were proved. The victim
was less than twelve years old at the time of the commission of the offense was
not disputed. The prosecution established that petitioner intentionally “placed
his penis” in victim’s vagina but without any indication that he was able to
penetrate her. Both lower courts also found that petitioner poked victim’s vagina
with a stick with cotton and watched a pornographic movie with her. These acts
are undoubtedly acts of lasciviousness or lewdness.
The Court finds petitioner guilty beyond reasonable doubt of acts of
lasciviousness under Article 336 of the RPC in relation to Section5(b), Article III
of RA 7610.