G.R. No. 240145 , September 14, 2020
Jaime Capueta y Ataday, Petitioner, vs. People of the Philippines, Respondent.

FACTS

Petitioner Jaime Capueta was charged with child abuse under Section 10(a) of Republic Act (RA) No. 7610. The prosecution alleged that on November 16, 2008, he lifted the skirt of the six-year-old victim, AAA, and touched her right thigh and vagina while she was playing. AAA immediately reported the incident to her mother, BBB, who confronted the petitioner. After he denied the act and uttered threats, BBB reported the matter to the barangay. The victim’s consistent testimony, corroborated by her mother and a barangay tanod, formed the core of the prosecution’s case.
The defense presented a denial and claimed the incident was an accident. Petitioner testified that he tripped and fell on the narrow stairway where AAA was standing, accidentally hitting her. He alleged that the complaint was filed after he refused BBB’s demand for a P50,000.00 settlement. The Regional Trial Court (RTC) convicted him, finding the victim’s testimony credible. The Court of Appeals (CA) affirmed the conviction but modified the crime to Acts of Lasciviousness under Article 336 of the Revised Penal Code (RPC) in relation to Section 5(b) of RA 7610.

ISSUE

Whether the Court of Appeals correctly affirmed petitioner’s conviction for Acts of Lasciviousness under Article 336 of the RPC in relation to Section 5(b) of RA 7610.

RULING

Yes, the Supreme Court affirmed the conviction with modification to the awards of damages. The Court upheld the findings of the lower courts, emphasizing that the credibility of the young victim’s testimony, given in a straightforward and consistent manner, prevails over the petitioner’s bare denial. The Court explained that the Information, while citing Section 10(a) of RA 7610, sufficiently alleged the elements of lascivious conduct. The variance between the crime charged and the crime proved is not fatal, as the facts established during trial constitute the offense defined and penalized under Section 5(b) of RA 7610, which is Acts of Lasciviousness committed against a child. The essence of the crime is the intentional touching of the victim’s private parts with lewd design, which was proven beyond reasonable doubt.
The Court modified the damages awarded in line with recent jurisprudence. Petitioner was ordered to pay the victim P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 as exemplary damages, all with legal interest from the finality of judgment until fully paid. The imposition of exemplary damages is warranted to deter the sexual abuse of minors. The penalties imposed by the CA, within the range of reclusion temporal, were affirmed.