G.R. No. 244570 , February 17, 2021
ERNESTO JOAQUIN Y ARQUILLO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

FACTS

Petitioner Ernesto Joaquin y Arquillo was charged with violation of Section 10(a) of Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act). The Information alleged that on or about March 22, 2014, in Sta. Maria, Bulacan, Joaquin willfully committed acts of abuse upon AAA, a nine-year-old minor, by kissing her and licking her breast, thereby placing her in conditions prejudicial to her normal growth and development. AAA, who suffers from meningitis-induced difficulty in verbal expression and epilepsy, testified through gestures that Joaquin licked her breast and vagina, removing her garments when her parents were absent. Her 12-year-old brother BBB corroborated her account, witnessing the act inside Joaquin’s parked van and reporting it to their mother. A medico-legal report noted no evident ano-genital injury but recommended further investigation. Joaquin denied the allegations, claiming he was a driver who allowed AAA and BBB to ride in his multicab and suggested the complaint arose from the family’s anger after he refused to regularly transport their children. The Regional Trial Court (RTC) found Joaquin guilty beyond reasonable doubt and sentenced him to imprisonment. The Court of Appeals (CA) affirmed the conviction with modifications to the penalty and awarded moral damages.

ISSUE

Whether the Court of Appeals erred in affirming petitioner Ernesto Joaquin y Arquillo’s conviction for violation of Section 10(a) of R.A. No. 7610 .

RULING

The Supreme Court denied the petition and affirmed the CA Decision with modification. The Court held that the Information sufficiently alleged the elements of violation of Section 10(a) of R.A. 7610, as the acts described constituted child abuse defined under the law, which includes sexual abuse. Joaquin’s failure to question the Information via a motion to quash waived any defect. The Court found the testimonies of AAA and BBB credible, consistent, and sufficient to establish guilt beyond reasonable doubt, outweighing Joaquin’s denial. The acts committed—licking the breast of a nine-year-old child with a mental condition—degraded her dignity and were prejudicial to her development. The penalty was properly imposed under the Indeterminate Sentence Law. The Court modified the award, increasing moral damages to Seventy-Five Thousand Pesos (P75,000.00) and awarding civil indemnity and exemplary damages, each with legal interest.