G.R. No. 228583 , September 15, 2021
Even Demata y Garzon, Petitioner, vs. People of the Philippines, Respondent.

FACTS

Petitioner Even Demata y Garzon, one of two editors-in-chief of the tabloid newspaper Bagong Toro, was charged with two offenses: (1) violation of Article 201, paragraph 3 of the Revised Penal Code (RPC) for selling and circulating an obscene publication; and (2) violation of Section 10(a) of Republic Act No. 7610 for committing psychological injury to a child. The charges stemmed from the June 21, 2012 issue of Bagong Toro (Vol. 1, Issue 224), which contained a photograph of minor AAA (17 years old) under a column titled “facebook sexy and beauties.” AAA’s photo, where she was fully clothed, was published without her consent alongside pictures of nude and semi-naked women in sexually enticing poses and erotic stories. AAA’s brother discovered the publication in August 2012. AAA, raised in a conservative Muslim community, suffered severe psychological distress, including Acute Stress Disorder that later developed into Chronic Post Traumatic Stress Disorder, bullying, academic failure, and loss of financial support for her studies. Demata defended himself by arguing that AAA’s photo alone was not obscene, that he relied on layout artists to verify photo ownership (though records were deleted), and that he followed his publisher’s directives. The Regional Trial Court (RTC) found Demata guilty on both counts, imposing a fine for the obscenity charge and imprisonment for the child abuse charge, plus damages. The Court of Appeals affirmed the RTC’s decision.

ISSUE

1. Whether the June 21, 2012 issue of Bagong Toro constitutes an obscene publication under Article 201 of the Revised Penal Code.
2. Whether Demata’s act of publishing AAA’s photo without her consent constitutes child abuse under Section 10(a) of R.A. No. 7610 , causing psychological injury.

RULING

The Supreme Court DENIED the petition and AFFIRMED the convictions with modifications to the penalties and damages.
1. On the Obscenity Charge (Article 201, RPC): The Court upheld the finding that the Bagong Toro issue was obscene. Applying the Miller test, the Court determined that: (a) the average person, applying contemporary Filipino standards, would find the publication, taken as a whole, appeals to prurient interest; (b) it depicts or describes sexual conduct in a patently offensive way; and (c) it lacks serious literary, artistic, political, or scientific value. The publication featured blurred images of a celebrity sex tape, photos of women in skimpy swimwear and sexually provocative poses, and erotic novellas. While AAA’s individual photo was not obscene, its inclusion within the overall lascivious context of the tabloid contributed to the obscene character of the whole publication. The Court rejected Demata’s defense that he was merely following orders, holding him criminally liable as editor-in-chief responsible for the publication’s content.
2. On the Child Abuse Charge (Section 10(a), R.A. No. 7610 ): The Court affirmed that publishing AAA’s photo in an obscene tabloid without her consent constituted psychological abuse. The act of placing a minor’s image in a pornographic context, causing severe anxiety, depression, and trauma, satisfies the law’s definition of child abuse. The psychological injury was proven by medical testimony and AAA’s demonstrated suffering. Demata’s lack of verification of photo ownership and consent constituted gross negligence.
Penalties Modified:
* For violation of Article 201, RPC: The indeterminate penalty imposed by the RTC was an error, as the law prescribes a fine only. The Supreme Court imposed a fine of Ten Thousand Pesos (P10,000.00).
* For violation of Section 10(a), R.A. No. 7610 : The penalty was modified to an indeterminate sentence of Four (4) years, Nine (9) months, and Eleven (11) days of prision correccional medium, as minimum, to Seven (7) years and Four (4) months of prision mayor minimum, as maximum.
* Damages Awarded: The Court awarded civil indemnity, moral damages, and exemplary damages of Seventy-Five Thousand Pesos (P75,000.00) each, with 6% interest per annum from finality until full payment.