A.C. No. 2033, 2148 - E. Conrad vs. Navarro

On August 27, 1996, an information was filed under Section 5, Article III of R.A. No. 7610, later amended on September 3, 1996, charging Simplicio Delantar y Redondo with promoting, facilitating and inducing a female child below twelve to engage in sexual intercourse and lascivious conduct for profit.
On September 4, 1996, appellant pleaded not guilty, waived pre-trial, and had his motion to quash denied. Trial followed before RTC Pasay, Branch 109. The prosecution presented AAA (the victim), Dr. Emmanuel Aranas (PNP Crime Laboratory), and Carolina Buan (PLDT). The defense presented appellant, Angelito Entruzo, and Eduardo Juarez Jr.

On February 25, 1999, the RTC found appellant guilty beyond reasonable doubt of two counts under Section 5(a), paragraphs 1, 4 and 5 of R.A. No. 7610 for delivering AAA to (a) an Arab national “Mr. Hammond” in 1994 and (b) Congressman Romeo Jalosjos in Makati.
The RTC imposed for each count: reclusion perpetua and P60,000 civil liability to the victim.

Appeal to the Supreme Court was transferred to the Court of Appeals, which on May 31, 2005, affirmed one count of violation of Section 5(a), paragraphs 1, 4 and 5, R.A. No. 7610, and modified the award to P50,000 civil indemnity, P50,000 moral damages, and P25,000 exemplary damages.
Appellant filed a Notice of Appeal to the Supreme Court on June 23, 2005, assigning errors:

Conviction despite failure to prove guilt beyond reasonable doubt.
Conviction on two counts despite a single information (duplicity).
Imposition of the maximum penalty (reclusion perpetua) without qualifying circumstance.

Whether the prosecution proved appellant’s guilt beyond reasonable doubt.
Whether the penalty of reclusion perpetua in its maximum period was improperly imposed absent a qualifying circumstance under R.A. No. 7610.