Case Summary (G.R. No. 163866)
Facts of the Case
On July 20, 1997, while working at Olivarez’s residence, Cristina was called by Olivarez, who allegedly touched her breasts and kissed her lips without consent, acts of lasciviousness committed by force and intimidation. Cristina subsequently reported the incident together with her mother to barangay authorities, culminating in the filing of a complaint for violation of RA 7610. Olivarez denied the charges, claiming he was absent during the alleged time of the incident and that the accusation was an attempt by Cristina’s family to extort money.
Trial and Initial Judgment
The Regional Trial Court of San Pedro, Laguna, Branch 93 convicted Olivarez of violating Section 5 of RA 7610, sentencing him to imprisonment ranging from eight years and one day to seventeen years, four months and one day, ordering indemnity for moral damages of PHP 15,000, and imposing costs. The Court of Appeals affirmed the decision, and reconsideration was denied, prompting the filing of the present petition for review.
Petitioner's Arguments
Olivarez contended that the essential elements of the offense – particularly the age of the offended party and the victim being a child exploited in prostitution or subjected to other sexual abuse, as required under Section 5 of RA 7610 – were not alleged in the information. Consequently, he claimed violation of his constitutional right to be informed of the nature and cause of the accusation against him, warranting acquittal.
Applicable Law: RA 7610 Section 5 and Its Elements
Section 5, Article III of RA 7610 punishes acts of sexual intercourse or lascivious conduct committed upon (a) children exploited in prostitution or (b) children subjected to other forms of sexual abuse. The essential elements under this provision are: (1) commission of sexual intercourse or lascivious conduct; (2) the child is exploited in prostitution or subjected to other sexual abuse; and (3) the child is under 18 years of age.
“Lascivious conduct” is defined under the Implementing Rules and Regulations (IRR) of RA 7610 (Section 32, Article XIII) as the intentional touching of private parts with intent to abuse, harass, or gratify sexual desire, including kissing and touching breasts.
Court's Findings on the Elements
Lascivious Acts: The court found beyond reasonable doubt that Olivarez committed acts of lasciviousness against Cristina through kissing and touching her breasts forcibly and without consent.
Victim’s Status as Child Subjected to Sexual Abuse: The victim was a minor and was coerced or intimidated by Olivarez into the lascivious conduct. The court emphasized that RA 7610 does not only address child prostitution for profit but also covers abuse via coercion or intimidation. This interpretation aligns with legislative intent and Senate deliberations expanding the scope to cover children coerced into lascivious conduct unrelated to prostitution.
Minority of the Offended Party: Although the information did not state Cristina’s age, her age was established by competent evidence, including her testimony and an official birth record. The court held that the accused was sufficiently informed of the victim's age through the sworn complaint attached to the information, satisfying due process.
Sufficiency of the Information and Due Process
The Court of Appeals and the Supreme Court agreed that an omission of an essential element in the information is not always fatal if the accused was substantially informed of the charge through annexed documents such as the complaint or preliminary investigation records. Under Rules of Criminal Procedure, the information need only state the offense, its elements, and the acts constituting it in ordinary language sufficient to apprise the accused. The accompanying complaint clearly alleged that the victim was a 16-year-old who was kissed and touched against her will.
Precedents such as People v. Rosare, People v. Villamor, and People v. Galido were cited to support substantial compliance with the accused’s right to be informed. Thus, the petitioner’s argument regarding insufficient notice was rejected.
Assessment of Credibility and Evidence
The Court found Cristina’s testimony to be clear, candid, straightforward, and worthy of belief. Olivarez’s defense, which consisted mainly of denial and alibi, was deemed weak and uncorroborated. The absence of ill motive and consistent eyewitness accounts further supported the prosecution’s case. The Court adhered to the principle that credibility assessments of trial courts will not be disturbed absent clear abuse of discretion.
Penalties and Damages
The court imposed the indeterminate penalty prescribed under RA 7610, awarding moral damages of PHP 15,000 and ordering costs. Additionally, following jurisprudence and the provisions of RA 7610 (Section 31(f), Article XII) and international conventions ratified by the Philippines, a fine of PHP 15,000 was imposed. This fine is intended to fund the rehabilitation of the child victim or her immediate family.
Dissenting Opinion
Justice Carpio dissented, arguing that Olivarez should have been convicted of acts of lasciviousness under Article 336 of the Revised Penal Code (RPC) — which carries a lesser penalty — and not under Section 5 of RA 7610, for two main reasons:
The information and complaint failed to allege tha
Case Syllabus (G.R. No. 163866)
Nature of the Case and Procedural History
- Petition for review of the Court of Appeals decision in CA-G.R. CR No. 22860 affirming the conviction of Isidro Olivarez by the Regional Trial Court (RTC) of San Pedro, Laguna, Branch 93, in Criminal Case No. 0505-SPL.
- Petitioner was found guilty of violating Section 5 of Republic Act No. 7610 (RA 7610), relating to stronger deterrence and special protection against child abuse, exploitation, and discrimination.
- The complaint originated from the Municipal Trial Court filing based on the sworn complaint of Cristina B. Elitiong, a 16-year-old female minor.
- The trial court imposed an indeterminate penalty of imprisonment of eight years and one day minimum to seventeen years, four months, and one day maximum, and awarded moral damages of P15,000.00.
- The accused's motion for reconsideration was denied by the Court of Appeals.
- The petition to the Supreme Court asserts grave abuse of discretion primarily due to omission of essential elements in the Information and failure to adhere to due process safeguards.
Facts of the Case
- Cristina Elitiong, aged 16, was employed for one year in sampaguita garland making at the residence of petitioner, alongside her two brothers.
- On July 20, 1997, petitioner called Cristina near the main door of his house, asked if she told her mother about money given to her; upon denial, he embraced and touched her breasts, then pulled her to the kitchen and kissed her lips forcibly.
- The act was against Cristina’s will, causing her emotional distress shown by crying. She later reported the incident to her mother and the barangay officials.
- Petitioner’s defense claimed he was away from the house at the time of the incident, supported by testimonies of his daughter and the laundrywoman.
- A meeting at the barangay followed, where Cristina’s mother demanded P30,000 settlement; petitioner refused and insisted on the court process.
Legal Issue on the Sufficiency of the Information
- Petitioner argued violation of the right to be informed of the nature and cause of the accusation due to the absence of alleged key elements in the Information: specifically, the age of the child and that Cristina was an abused or exploited child under RA 7610.
- The Court tackled the adequacy of the Information in informing the accused about the charge, referencing the Rules of Criminal Procedure that prescribe what a valid complaint or information must contain.
- The Information charged “violation of RA 7610” without citing the specific provisions allegedly violated but referred to the sworn complaint which detailed the acts committed and the victim’s age.
- The Court held that substantial compliance occurred as the accused had access to the initial complaint and was thus not deprived of his constitutional right to due process.
Elements of the Offense Under Section 5, RA 7610
- Essential elements as interpreted by the Court:
- The accused committed the act of sexual intercourse or lascivious conduct.
- The said act was performed with a child exploited in prostitution or subjected to other sexual abuse.
- The child, whether male or female, is