Case Summary (G.R. No. 214497)
Petitioner
Eduardo Quimvel y Braga, also known as Edward/Edward Quimuel y Braga
Respondent
People of the Philippines
Key Dates
July 18, 2007 – Alleged commission of lascivious conduct
January 23, 2013 – RTC judgment convicting Quimvel
May 29, 2014 – CA decision affirming conviction with modification of damages
April 18, 2017 – Supreme Court decision
Applicable Law
1987 Constitution, Article III, Section 14(2) (right to be informed of nature and cause of accusation)
Rule 45, Rules of Court (petition for review on certiorari)
Republic Act No. 7610, Section 5(b), Article III (child prostitution and other sexual abuse)
Revised Penal Code, Article 336 (Acts of Lasciviousness)
Facts
AAA, aged seven, lived with her father YYY and siblings in Ligao City. Quimvel served as caretaker of AAA’s grandfather’s ducks and resided nearby. On the evening of July 18, 2007, YYY left home to buy kerosene. Quimvel arrived bearing a vegetable viand from AAA’s grandfather. At AAA’s request, he stayed overnight. AAA fell asleep and later awoke to Quimvel’s right leg pressing on her and his right hand inside her undergarment, caressing her vagina. She removed his hand; he departed upon YYY’s return.
Trial Court Ruling
The RTC found AAA’s testimony straightforward and categorical, establishing guilt beyond reasonable doubt for Acts of Lasciviousness under R.A. 7610 Section 5(b). Quimvel was sentenced to reclusion temporal in its medium period, 14 years, 8 months, 1 day to 15 years, 6 months, 19 days, and ordered to pay P30,000 moral damages and P30,000 fine, with credit for preventive detention.
Appellate Court Ruling
The CA affirmed the conviction but modified damages: P15,000 each for moral and exemplary damages, P20,000 civil indemnity, all earning 6% interest from finality.
Issues on Review
- Whether the prosecution proved guilt beyond reasonable doubt.
- Whether, if guilty, Quimvel could be convicted only under RPC Article 336 rather than in relation to R.A. 7610 Section 5(b).
Supreme Court Ruling
The petition is denied. Quimvel is guilty beyond reasonable doubt of Acts of Lasciviousness under R.A. 7610 Section 5(b). The CA Decision is affirmed with modification of the prison term in accordance with the Indeterminate Sentence Law.
Reasoning
• Information Alleges Essential Elements—The Information specified the accused’s identity, offense designation (Acts of Lasciviousness in relation to Section 5(b) of R.A. 7610), time, place, and the lascivious acts by force and intimidation on a seven-year-old. This satisfied Rule 110, Sections 6 and 9, and Article III, Section 14(2) of the Constitution.
• Section 5(b) Elements Alleged—To convict under R.A. 7610 Section 5(b), prosecution must show: (1) commission of sexual intercourse or lascivious conduct; (2) act performed on a child exploited in prostitution or subjected to other sexual abuse; (3) child under 18. The Information alleged force and intimidation and that AAA, a minor of seven, was the victim; “force and intimidation” falls under “coercion or influence.”
• “Coercion or Influence” and “Force and Intimidation”—Black’s Law Dictionary and jurisprudence treat the terms as synonymous: both denote compulsion subduing the offended party’s free will. Section 2(g) of the Rules on Child Abuse likewise defines “influence” and “coercion” broadly to include persuasion or improper use of power.
• One-Time Abuse Suffices—R.A. 7610 covers habitual or non-habitual sexual abuses (Section 3(b)). Jurisprudence (Olivarez, Larin, Garingarao) confirms a single act of lascivious conduct under coercion or influence subjects the child to “other sexual abuse.”
• Credibility of Witness Testimony—AAA’s unshaken, detailed testimony that Quimvel awoke her, inserted his hand, and caressed her vagina, credibly established each e
Case Syllabus (G.R. No. 214497)
Parties and Nature of the Petition
- Petitioner: Eduardo Quimvel y Braga (also known as Edward/Edward Quimuel y Braga), caretaker of ducks for AAA’s grandfather.
- Respondent: People of the Philippines, represented by the Office of the City Prosecutor of Ligao City.
- Nature of the case: Petition for Review on Certiorari under Rule 45, assailing the Court of Appeals’ May 29, 2014 Decision and September 15, 2014 Resolution in CA-G.R. CR No. 35509.
- Subject of the petition: Conviction for the crime of Acts of Lasciviousness in relation to Section 5(b), Article III of Republic Act No. 7610.
Procedural History
- RTC Ligao City Branch 11, Albay rendered Judgment (January 23, 2013) finding petitioner guilty beyond reasonable doubt of Acts of Lasciviousness under RA 7610, sentencing him to reclusion temporal in its medium period (14 years, 8 months, 1 day to 15 years, 6 months, 19 days) plus damages and fine.
- CA affirmed with modification (May 29, 2014): ordered payment of moral damages, exemplary damages and fine of ₱15,000.00 each and ₱20,000.00 as civil indemnity, with 6% interest.
- Supreme Court grant of Petition for Review on Certiorari under Rule 45.
Facts of the Case
- AAA, then 7 years old, lived with her father YYY and siblings at Palapas, Ligao City; her mother XXX worked in Batangas.
- Quimvel lived with AAA’s grandparents nearby and cared for the grandparents’ ducks.
- On July 18, 2007 at around 8:00 PM, YYY left home to buy kerosene; Quimvel arrived with a vegetable viand from AAA’s grandfather.
- AAA asked Quimvel to stay because the children were afraid; he agreed and accompanied them to the house.
- AAA and her siblings went to sleep; AAA later awoke to Quimvel’s right leg on her body and his right hand inside her panties, caressing her vagina against her will.
- She removed his hand; Quimvel departed as YYY returned and questioned him.
- On July 29, 2007, XXX learned from BBB that Quimvel had touched AAA; AAA described the assault.
- XXX and YYY reported to barangay and police, then brought AAA for medical examination.
- Quimvel denied the charges, claiming he had spent the day with the ducks and did not visit AAA’s house at night.
Ruling of the Trial Court
- RTC credited AAA’s categorical, straightforward testimony, finding all elements of Acts of Lasciviousness under RA 7610 proven beyond reasonable doubt.
- RTC’s Dispositive Portion:
- Petitioner found GUILTY of Acts of Lasciviousness in relation to Sec. 5(b), Art. III of RA 7610; sentenced to reclusion temporal in its medium period (14 years, 8 months, 1 day to 15 years, 6 months, 19 days).
- Petitioner ordered to pay AAA ₱30,000.00 moral damages and ₱30,000.00 fine; preventive detention credited.