Case Digest (G.R. No. 213847)
Facts:
On November 4, 1997, in Parañaque City, Flor Pueyo alias Tito Flong (hereafter Pueyo), then a neighbor of six-year-old AAA, allegedly poked a welding rod into the child’s vagina, causing bleeding and severe hymenal lacerations. The victim, AAA, later recounted the incident to her mother, BBB, who observed blood during a bath and sought medical attention. General practitioner Dr. Corazon S. Ramos first examined AAA, applied sterile gauze, and referred her to Philippine General Hospital. There, pediatrician Dr. Stella Guerrero-Manalo documented hymenal lacerations and posterior vaginal wall injuries “compatible with penetration injury secondary to assault as per disclosure.” The National Bureau of Investigation agent Julma Dizon Dapilos also testified for the prosecution, which presented objects and documentary evidence. Pueyo denied the accusation, claiming he never harmed AAA. On February 22, 2005, the Regional Trial Court (RTC), Branch 260, Parañaque City, convicted Pueyo of viCase Digest (G.R. No. 213847)
Facts:
- Antecedent Facts
- On November 4, 1997 in Parañaque City, accused Flor Pueyo allegedly inserted a welding rod into the vagina of six-year-old AAA, causing bleeding and pain. He was charged on November 24, 1998 under Section 10(a) of RA 7610.
- Upon arraignment, Pueyo pleaded not guilty. Trial ensued before RTC Branch 260, Parañaque City, as Criminal Case No. 98-1096.
- Evidence Presented
- Prosecution witnesses (six): victim AAA; Dr. Corazon Ramos (general practitioner); Dr. Stella Guerrero-Manalo (pediatrician); Dr. Cynthia Leynes (child psychiatrist); NBI agent; and AAA’s mother; plus object and documentary evidence. Medical exams showed fresh hymenal lacerations compatible with penetration.
- Defense witnesses (two): accused Pueyo and his wife Marietta, who denied the incident and alleged fabrication and inconsistencies in the prosecution’s version.
- Lower Court Decisions
- RTC (Feb. 22, 2005) found AAA’s testimony credible, convicted Pueyo under RA 7610 Sec. 10(a), imposed 6 years & 1 day to 8 years prision mayor, and awarded actual and compensatory damages.
- CA (Dec. 29, 2009) affirmed the conviction with modifications: reduced penalty to 4 years, 2 months & 1 day to 6 years, 8 months & 1 day and adjusted awards (deleted some damages, granted P50,000 moral damages).
Issues:
- Whether the evidence suffices to uphold conviction for child abuse under RA 7610 Sec. 10(a).
- Whether the act should be reclassified as statutory rape by sexual assault under RPC Art. 266-A(2) in relation to RA 7610 Sec. 5(b).
- What is the proper penalty, damages, and fines upon reclassification.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)