Case Summary (G.R. No. 139346-50)
Applicable Law
Republic Act No. 7610 provides protection for children against abuse, exploitation, and discrimination. Specifically, the law addresses acts of child prostitution and sexual abuse, setting forth penalties for those who engage in such activities against minors.
Background of the Case
Jose Abadies faced charges involving multiple counts of violation of Republic Act No. 7610, related to acts of lasciviousness committed against his daughter, Rosalita. The incidents allegedly occurred in 1997 over several dates, wherein Abadies is accused of subjecting Rosalita to sexual advances, including inappropriate touching without her consent. At the time of the offenses, the complainant was 17 years old and lived with her father and mother in a shared living space.
Procedural History
The trial court dismissed one of the charges based on a jurisdictional issue, as the act was allegedly committed outside the court's area. Following the dismissal, the remaining counts proceeded to trial. Abadies was subsequently found guilty beyond reasonable doubt of multiple counts of violating the law, receiving a sentence of reclusion perpetua for each count and a fine of PHP 30,000. He appealed the conviction.
Evidence Presented
Testimonies and evidence presented contained detailed accounts of the alleged abuses, as articulated by Rosalita. She described being molested by her father while they were alone at home, emphasizing her fear and inability to resist effectively. Rosalita’s accounts, corroborated by circumstances and her mother's responses upon learning of the incidents, were pivotal in the court's decision.
Accused's Defense
Abadies maintained a defense of denial and alibi, asserting that he was waking up late and not present during the times of the incidents. He further claimed that the charges arose from a misunderstanding related to family issues. He contended the plea for forgiveness he sent his daughter was being misconstrued as an admission of guilt.
Trial Court's Credibility Findings
The trial court found the complainant's testimonies credible, despite the accused's arguments challenging her responses to the abuse, such as her failure to shout or disclose the incidents immediately. The court ruled that a child's fear, especially in the context of familial authority and control, was a reasonable factor influencing her actions.
Moral Ascendancy and Force
The appellate court underscored that moral ascendancy serves as a substitute for physical force in evaluating acts of lasciviousness. The relationship between Abadies and Rosalita, marked by parental authority, justified the court's conclusion of intimidation and coercion, thereby fulfilling the requirements for the crime as defined under the applicable law.
Admission of Guilt
The appeal was significantly undermined by Abadies' letter asking for forgiveness, deemed an implicit admission of guilt. The court ruled that in criminal proceedings, particularly those concerning acts of sexual abuse, offers for pardon or compromise, even if phrased delicately, often signal acknowledgment of wrongdoing.
Implications of Implied Pardon
Abadies claimed that Rosalita's failure to report earlier constituted an implied pardon under the Revised Penal Code. However, the court clarified that such a pardon must be explicit, rejecting the idea that silence could be construed as forgiveness, especially given the overpowering parental influence weighing on the minor.
Penalty Assessment
The court affirmed the penalties prescribed under Republic Act No. 7610, which dictate strict consequences given the nature of the crimes and the
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Case Overview
- This case involves an appeal from the decision of the Regional Trial Court of San Pedro, Laguna, which found accused-appellant Jose Abadies guilty beyond reasonable doubt of four counts of violation of Republic Act No. 7610, entitled the "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act."
- The decision was rendered on May 26, 1999, sentencing Abadies to reclusion perpetua for each count and imposing a fine of P 30,000.00.
Background of the Case
- Jose Abadies was charged in five separate Informations for acts of lasciviousness against his 17-year-old daughter, Rosalie Abadies y Manunghaya, occurring between July 1 and July 26, 1997.
- The trial court dismissed one charge due to lack of jurisdiction, as the incident occurred outside its territory.
- The prosecution's case rested on the testimony of the victim, Rosalie, who detailed multiple instances of sexual abuse by her father.
Testimony of the Complainant
- Rosalie testified that on July 1, 1997, she was awakened by her father touching her breast and private parts while she was in bed.
- The incidents continued on July 2, 3, and 7, where she struggled against her father's advances, often covering herself and attempting to escape his grasp.
- On July 26, 1