G.R. No. 218592 - Fianza vs. People

Petitioner Christopher Fianza a.k.a. "Topel" was charged with two counts of violation of Section 5(b), Article III of Republic Act No. 7610 (RA 7610), the Special Protection of Children Against Abuse, Exploitation and Discrimination Act, through two Informations dated April 6, 2011, filed before the Regional Trial Court (RTC) of Tayug, Pangasinan, Branch 52.
The victim, AAA, was an 11-year-old minor at the time of the incidents, which allegedly occurred in July 2010 and on November 30, 2010.

In July 2010, AAA was called by Fianza to his house to wash his clothes. Afterward, Fianza asked AAA to go with him to the second floor of the "kamalig" (a storage house), where he removed his pants and briefs, lay down, and ordered AAA to hold his penis and masturbate him. After he ejaculated, he gave AAA P20.00.
On November 30, 2010, Fianza again called AAA to his house, asked her to clean, and then went with her to the second floor of the kamalig. There, Fianza repeated his lewd demand asking AAA to fondle his penis. He rewarded her with another P20.00 after the act.
Following the second incident, AAA confided in her cousin CCC, who then informed AAA’s mother, BBB. BBB reported the matter to the police.

Fianza denied the allegations and pleaded alibi, stating he lived with his uncle in Andalasi, Pangasinan, while the victim and his family resided in Sapinit, Pangasinan.
For the July 2010 incident, he claimed to have gambled all night in Sapinit and went to his parents’ house the morning after.
For November 30, 2010, he claimed to have been drinking with friends in Andalasi after selling a carabao and stayed there until December 4, 2010.

The RTC found Fianza guilty beyond reasonable doubt of two counts of violation of Section 5(b), Article III of RA 7610 on September 6, 2012.
The penalty imposed was imprisonment for an indeterminate period of 12 years and 1 day of reclusion temporal minimum to 14 years, 8 months, and 1 day of reclusion temporal medium, and ordered payment of P30,000.00 as moral damages for each count.
The RTC credited AAA’s testimony as credible and found that Fianza abused AAA’s innocence to satisfy his lewd desires.

On November 24, 2014, the CA upheld the conviction but amended the charge to Acts of Lasciviousness under Article 336 of the Revised Penal Code (RPC) in relation to Section 5(b), Article III of RA 7610.
The CA found all requisites for both Acts of Lasciviousness and sexual abuse proven by the prosecution.
The CA reduced moral damages to P25,000.00 and imposed a fine of P15,000.00 for each count, with legal interest.
The CA denied Fianza’s motion for reconsideration in its Resolution dated May 29, 2015.

Fianza filed a petition for review on certiorari before the Supreme Court, challenging the CA’s ruling.

Whether the CA correctly upheld the conviction of Christopher Fianza for two counts of violation of Section 5(b), Article III of RA 7610.

Whether the Informations were sufficient for the accused to be properly informed of the nature and cause of the accusation, specifically:

The failure to specify the exact date of the offense in Criminal Case No. T-5144.
The failure to indicate in both Informations that the acts were performed with a child exploited in prostitution or subjected to other sexual abuse.