Ramilo v. People

 

Ramilo v. People

G.R. No. 235841

June 3, 2019

FACTS:

                The RTC and CA convicted Manuel Barallas Ramilo for the crime of rape through sexual assault. AAA’s father Manuel slept beside her. At around 6am the next day, CCC, her mother, was already busy downstairs. AAA was about to go downstairs with her sister when Manuel held her wrist. She knew that he was going to molest her again like what he had been doing in the past. According to AAA, she uttered to Manuel, "isusumbong ko kayo kay mama," but the latter replied "isusumbong mo ako, papatayin kita." Thereafter, Manuel pulled AAA and forced her to lie on the floor. He embraced her tightly and put his hand inside her shorts and panty. Then, he inserted his finger inside her vagina, moving it in and out for about five (5) minutes. When AAA's vagina became painful, she struggled and pushed Manuel's hand away. She stood up, went downstairs, and had breakfast. She did not tell anybody of the incident because she was scared of Manuel's threat to kill her. In the afternoon of the same day, AAA went to school at Malanday Elementary School. When her sister BBB arrived thereat, she was called to the principal's office. When her school principal talked to her, AAA disclosed to him the truth, that she was molested by Manuel. Thereafter, a kagawad, a representative from the Department of Social Welfare and Development and the police arrived. Subsequently, Manuel was apprehended. AAA was then brought to a doctor for medical examination

ISSUE:

                Whether or not the CA erred in affirming the RTC

HELD:

                No. R.A. No. 7610, known as the Rules and Regulations on the Reporting and Investigation of Child Abuse Cases, which pertinently provide: Section 2. Definition of Terms. - As used in these Rules, unless the context requires otherwise -  (g) "Sexual abuse" includes the employment, use, persuas10n, inducement, enticement or coercion of a child to engage in, or assist another person to engage in, sexual intercourse or lascivious conduct or the molestation, prostitution, or incest with children; h) "Lascivious conduct" means the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia, anus or mouth, of any person, whether of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person.

First, through the credible testimony of AAA, the prosecution was able to show that Manuel committed lascivious conduct against AAA when he forced her to lie on the floor, embraced her tightly, put his hand inside her shorts and panty, and inserted his finger inside her vagina, moving it in and out for about five ( 5) minutes.   Second, in Quimvel, the Court ruled that "'force and intimidation' is said to be subsumed under 'coercion and influence' and such tenns are even used synonymously. This can be gleaned from Black's Law Dictionary definitions of 'coercion' as 'compulsion; force; duress,' of 'influence' as 'persuasion carried over to the point of overpowering the will,' and of 'force' as 'constraining power, compulsion; strength directed to an end'; as well as from jurisprudence which defines 'intimidation' as 'unlawful coercion; extortion; duress; putting in fear. "' It is clear from the testimony of AAA that Manuel employed force, intimidation, coercion, and influence upon her when he hugged her tightly and even threatened to kill her should she tell anyone of his lascivious acts. Third, "a child is deemed exploited in prostitution or subjected to other sexual abuse when the child indulges in sexual intercourse or lascivious conduct (a) for money, profit or any other consideration; or (b) under the coercion or any influence of any adult, syndicate or group."In Tulagan, the Court explained that on the one hand, the phrase "children exploited in prostitution" contemplates four (4) scenarios: (a) a child, whether male or female who, for money, profit or any other consideration, indulges in lascivious conduct; (b) a female child who, for money, profit or any other consideration, indulges in sexual intercourse; ( c) a child, whether male or female, who, due to the coercion or influence of any adult, syndicate or group, indulges in lascivious conduct; and ( d) a female, due to the coercion or influence of any adult, syndicate or group, indulges in sexual intercourse.

Fourth, as previously mentioned, it is undisputed that AAA was only twelve (12) years old at the time of the commission of the offense. Under Section 3(a) of R.A. No. 7610, the term "children" refers to persons below eighteen (18) years of age or those over, but unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition. In view of the presence of all the elements of the crime, Manuel should be convicted of Lascivious Conduct under Section S(b ), Article III of R.A. No. 7610.