G.R. No. 243034 , June 28, 2021
Jericho Carlos y Dela Merced, Petitioner, vs. AAA and People of the Philippines, Respondents.

FACTS

Petitioner Jericho Carlos was charged with three counts of violation of Section 10(a) of Republic Act No. 7610 (Special Protection of Children against Child Abuse, Exploitation and Discrimination Act). The Informations alleged that in December 2009 (two counts) and on January 10, 2010 (one count), he willfully had carnal knowledge with AAA, a 13-year-old minor, which acts are considered prejudicial to the child’s development. Carlos pleaded not guilty.
The prosecution’s version, as summarized by the Court of Appeals, established that Carlos and AAA were former sweethearts. The first incident occurred in October 2009 when Carlos fetched AAA, brought her to his room, and forcibly had sexual intercourse with her despite her protests. A second similar incident happened in December 2009, where Carlos again forced himself on AAA despite her refusal as she was menstruating. The third incident occurred on January 10, 2010, after they had a fight; Carlos again had sexual congress with her at his house. That same day, upon learning AAA’s mother knew her whereabouts, Carlos panicked and had AAA hide in the trunk of his car, which his brother drove to a classmate’s house. There, AAA finally disclosed the sexual abuse to her classmate Diodin. She later revealed the incidents to her father, BBB, who accompanied her to the police and for a medico-legal examination. Dr. Camarillo’s examination revealed AAA sustained recent and old hymenal lacerations consistent with penetration by a blunt object like a penis.
The defense version, as abridged by the CA, consisted of Carlos’s denial of having sexual intercourse with AAA, though he admitted they were sweethearts from October 2009 to January 2010. He claimed that on January 10, 2010, they were just watching TV with his brother Jeffrey. Jeffrey corroborated this, testifying they were never left alone and that it was AAA who suggested hiding in the car trunk when her mother learned of her location.
The Regional Trial Court found Carlos guilty beyond reasonable doubt for three counts of violation of Section 10(a) of R.A. No. 7610 . The Court of Appeals affirmed the RTC’s decision. Carlos filed a petition for review on certiorari.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of petitioner Jericho Carlos for three counts of violation of Section 10(a) of R.A. No. 7610 .

RULING

The Supreme Court denied the petition and affirmed the conviction. The Court held that all elements of the crime under Section 10(a) of R.A. No. 7610 were proven beyond reasonable doubt: (1) the accused committed the act of sexual intercourse; (2) the act was 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 Court found AAA’s testimony to be credible, straightforward, and consistent. Her detailed account of the three incidents of sexual abuse, coupled with the medico-legal findings which corroborated her claim of recent sexual intercourse, established Carlos’s guilt. The defense of denial, unsupported by clear and convincing evidence, could not prevail over AAA’s positive identification and credible testimony. The Court modified the penalty imposed by the lower courts, noting that for violations of Section 10(a) of R.A. No. 7610 where the victim is 13 years old, the prescribed penalty is reclusion temporal in its medium period. Applying the Indeterminate Sentence Law, the Supreme Court sentenced Carlos to an indeterminate penalty of eight (8) years and one (1) day of prision mayor, as minimum, to seventeen (17) years, four (4) months and one (1) day of reclusion temporal, as maximum, for each count. He was also ordered to pay AAA P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 as exemplary damages for each count, with interest at 6% per annum from finality until full payment.