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    Case Digests of Perlas-Bernabe

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    Mitzi S. Guzman-De Dios
    Petitioner was found guilty of two counts of violating Section 5(b) of RA 7610 for acts of lasciviousness against an 11-year old girl (AAA). In July and November 2010, petitioner asked AAA to masturbate him in his home. The court affirmed that petitioner should be prosecuted under Article 336 of the RPC for acts of lasciviousness against a minor under 12, with the higher penalty under RA 7610. The presence of lewd designs can be inferred from the nature of the sexual acts and circumstances. The appellate court upheld petitioner's conviction.

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    Case Digests of Perlas-Bernabe

    Uploaded by

    Mitzi S. Guzman-De Dios
    139 views1 page
    Petitioner was found guilty of two counts of violating Section 5(b) of RA 7610 for acts of lasciviousness against an 11-year old girl (AAA). In July and November 2010, petitioner asked AAA to masturbate him in his home. The court affirmed that petitioner should be prosecuted under Article 336 of the RPC for acts of lasciviousness against a minor under 12, with the higher penalty under RA 7610. The presence of lewd designs can be inferred from the nature of the sexual acts and circumstances. The appellate court upheld petitioner's conviction.

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    Perlas-Bernabe Case Digest

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    Petitioner was found guilty of two counts of violating Section 5(b) of RA 7610 for acts of lasciviousness against an 11-year old girl (AAA). In July and November 2010, petitioner asked AAA to masturbate him in his home. The court affirmed that petitioner should be prosecuted under Article 336 of the RPC for acts of lasciviousness against a minor under 12, with the higher penalty under RA 7610. The presence of lewd designs can be inferred from the nature of the sexual acts and circumstances. The appellate court upheld petitioner's conviction.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    139 views1 page

    Case Digests of Perlas-Bernabe

    Uploaded by

    Mitzi S. Guzman-De Dios
    Petitioner was found guilty of two counts of violating Section 5(b) of RA 7610 for acts of lasciviousness against an 11-year old girl (AAA). In July and November 2010, petitioner asked AAA to masturbate him in his home. The court affirmed that petitioner should be prosecuted under Article 336 of the RPC for acts of lasciviousness against a minor under 12, with the higher penalty under RA 7610. The presence of lewd designs can be inferred from the nature of the sexual acts and circumstances. The appellate court upheld petitioner's conviction.

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    © All Rights Reserved
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    of 1

    Fianza vs.

    People (2017)
    CHRISTOPHER FIANZA vs. PEOPLE OF THE PHILIPPINES
    GR No. 218592, Aug 02, 2017

    PERLAS-BERNABE, J.:

    Facts: Sometime in July 2010, AAA, who was then 11 years old, was asked by
    appellant to wash his clothes. Thereafter, petitioner asked her to go with him to the
    kamalig. Thereat, they proceeded to the second floor where petitioner removed his
    pants and briefs, lied down, and ordered AAA to hold his penis and masturbate him.
    After ejaculating, he put on his clothes, and gave P20.00 to AAA who, thereafter, went
    home. Likewise, on November 30, 2010, while AAA was home, petitioner called her to
    his house, and asked her to clean the same. After she was done sweeping the floor,
    they proceeded to the second floor of the kamalig. Thereat, petitioner again removed
    his pants and briefs, lied down, and ordered AAA to fondle his penis. After the deed, he
    gave P20.00 to AAA who, thereafter, went home.

    Issue: Whether or not petitioner is guilty with violations of Section 5 (b), Article III of RA
    7610.

    Ruling: At the outset, the Court deems it appropriate to correct the appellation of the
    crime with which petitioner was charged to Acts of Lasciviousness under Article 336 of
    the RPC considering that the victim, AAA, was only 11 years old at the time of the
    incidents.

    In instances where the child subjected to sexual abuse through lascivious conduct is
    below twelve (12) years of age, the offender should be prosecuted under Article 336 of
    the RPC, but suffer the higher penalty of reclusion temporal in its medium period in
    accordance with Section 5 (b), Article III of RA 7610, which pertinently reads:
    SECTION 5. Child Prostitution and Other Sexual Abuse. - Children, whether male or female, who for
    money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or
    group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in
    prostitution and other sexual abuse.

    In the present case, records disclose that on two (2) occasions in July 2010 and on
    November 30, 2010, appellant induced AAA, an 11-year-old minor, to hold his penis and
    masturbate him.

    Ratio Decidendi: The presence or absence of lewd designs is inferred from the nature
    of the acts themselves and the environmental circumstances.

    Gist: This is an appeal from the Decision of the CA which upheld the Decision of the
    RTC finding petitioner guilty beyond reasonable doubt of two (2) counts of violation of
    Section 5 (b),[5] Article III of Republic Act No. 7610.

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