G.R. No. 197458 , November 11, 2015
Nicanor Pinlac y Resolme, Petitioner, vs. People of the Philippines, Respondent.

FACTS

The prosecution established that on the evening of March 9, 1997, “AAA,” a 14-year-old boy, went with petitioner Nicanor Pinlac to the Kale Beach Resort in Subic, Olongapo City for initiation rites in a fraternity founded by the petitioner. After succumbing to petitioner’s persuasion to drink alcohol and smoke marijuana, “AAA” lost control of himself. While in a daze, stupor, or near total unconsciousness, petitioner isolated “AAA” from his companions, forcibly disrobed him, and performed oral sex on him by sucking his penis until he ejaculated. The following day, on March 10, 1997, petitioner again performed oral sex on “AAA” after convincing him anew to ingest alcohol and smoke marijuana. Petitioner denied all charges, claiming he was campaigning for barangay kagawad at the time and that the case was instigated by “AAA’s” mother, who was also a candidate. The Regional Trial Court (RTC) found petitioner guilty beyond reasonable doubt of violating Section 5(b), Article III of Republic Act No. 7610 (Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act). The Court of Appeals (CA) affirmed the RTC’s ruling with modifications. Petitioner assailed the CA Decision via this Petition.

ISSUE

Whether the Court of Appeals erred in affirming petitioner’s conviction for violation of Section 5(b), Article III of Republic Act No. 7610 .

RULING

The Supreme Court DENIED the petition and AFFIRMED the Decision of the Court of Appeals with modifications. The Court held that all elements of the crime under Section 5(b) of R.A. No. 7610 were present: (1) the accused commits the act of sexual intercourse or lascivious conduct; (2) the said act is performed with a child exploited in prostitution or subjected to other sexual abuse; and (3) the child, whether male or female, is below 18 years of age. The act of sucking the victim’s penis constitutes lascivious conduct. The victim, “AAA,” was 14 years old at the time of the incidents. He was deemed a child subjected to other sexual abuse as he indulged in lascivious conduct under the influence of the petitioner, who made him take drugs and alcohol. The Court found the testimony of “AAA” credible and upheld the findings of the lower courts. Petitioner’s defenses of denial and alibi were rejected as weak and self-serving. The Court modified the damages awarded, ordering petitioner to pay “AAA” P20,000.00 as civil indemnity, P15,000.00 as moral damages, P15,000.00 as exemplary damages, and a P15,000.00 fine, all with 6% interest per annum from finality until fully paid.