G.R. No. 192327 , February 26, 2020
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. FLOR PUEYO ALIAS TITO FLONG, ACCUSED-APPELLANT.

FACTS

Accused-appellant Flor Pueyo was charged with violation of Section 10(a) of Republic Act No. 7610 (the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act). The Information alleged that on or about November 4, 1997, in Parañaque City, Pueyo willfully inserted a welding rod into the vagina of AAA, a six-year-old minor, causing her undue pain and injury. The prosecution’s version, supported by AAA’s testimony, was that on the morning of November 4, 1997, AAA was playing on a bulldozer. Pueyo, who was welding nearby, got angry and told the children to get down. When AAA complied and sat on a pile of lumber, Pueyo approached and poked a welding rod onto her genital area. AAA cried, saw blood, and later, her mother BBB noticed the bleeding during bath time. Medical examinations by Dr. Corazon S. Ramos and later by PGH pediatrician Dr. Stella Guerrero-Manalo confirmed injuries compatible with a penetration injury. The defense presented Pueyo and his wife, with Pueyo denying the accusations and claiming the allegations were fabricated. The Regional Trial Court convicted Pueyo under Section 10(a) of RA 7610, a ruling affirmed with modifications by the Court of Appeals. Pueyo appealed to the Supreme Court.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of accused-appellant Flor Pueyo for violation of Section 10(a) of RA 7610.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the conviction with MODIFICATIONS. The Court found the appeal without merit, upholding the credibility of AAA’s clear, candid, and consistent testimony, which outweighed Pueyo’s denial and trivial insinuations. However, the Court ruled that Pueyo’s acts constituted a graver offense. The elements for violation of Section 10(a) of RA 7610 were present: AAA was a minor, Pueyo committed physical abuse by poking her genitals with a welding rod, and the act constituted child abuse. Nevertheless, the Court found that the facts more aptly constituted the crime of statutory rape by sexual assault under Article 266-A(2) of the Revised Penal Code, as the act involved the insertion of an object (welding rod) into the genital orifice of a child under twelve years of age. Applying the ruling in People v. Tulagan, the Court modified the conviction from violation of RA 7610 to statutory rape by sexual assault. Pueyo was sentenced to reclusion perpetua and ordered to pay AAA P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages. He was also ordered to pay a fine of P15,000.00 under Section 31(f) of RA 7610, with interest on all damages at 6% per annum from the finality of the decision until fully paid. The awards for actual damages (P1,640.00 for medicines) and moral damages (P50,000.00) from the CA decision were subsumed under this new ruling.