G.R. No. 258682. January 16, 2023
IRENEO MAGNO Y MONTANO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

FACTS

Petitioner Ireneo Magno y Montano was charged with two counts of “Other Acts of Neglect, Abuse, Cruelty or Exploitation, and Other Conditions Prejudicial to the Child’s Development” under Section 10(a) of Republic Act No. 7610. The Informations alleged that on the night of March 2, 2012, Magno willfully touched/stroked the genitalia of AAA (16 years old) and BBB (17 years old) within the view of other people, causing them utmost indignity and embarrassment. Upon arraignment, Magno pleaded not guilty.
The prosecution established that on March 2, 2012, at around 9:00 p.m., minors AAA and BBB were strolling through the town plaza during a fiesta. Magno approached them from the opposite direction and touched both of their private parts before casually walking away. The shocked victims initially tried to chase him but stopped out of fear. They reported the incident to BBB’s older sister and later, with another alleged victim (CCC), saw Magno with his friends. They reported him to patrolling soldiers, who apprehended Magno and took him to the police station. The victims identified Magno based on his appearance: tall, long hair, large build, and a distinctive blue jersey shirt.
The defense’s sole witness was Magno himself. He testified that he was at work until 5:00 p.m. that day and later went to buy medicine with his nephew. He denied the accusations, claiming it was his companion, Rafael Tolentino, who touched other persons in the plaza, and that he even tried to prevent Tolentino from doing so. He insisted he was wrongfully arrested while Tolentino went into hiding.
The Regional Trial Court (RTC) found Magno guilty beyond reasonable doubt of two counts of other acts of child abuse under Section 10(a) of R.A. No. 7610. The RTC sentenced him to an indeterminate penalty of imprisonment for each count. The Court of Appeals (CA) affirmed the conviction but modified the judgment by awarding moral damages of PHP 10,000.00 to each victim plus interest. Magno’s motion for reconsideration was denied, prompting this Petition for Review on Certiorari.

ISSUE

Whether Ireneo Magno y Montano should be held guilty of violation of Section 10(a), Article VI of Republic Act No. 7610.

RULING

The Supreme Court DENIED the petition and AFFIRMED the Decision and Resolution of the Court of Appeals with MODIFICATION. The Court found Magno guilty beyond reasonable doubt of two counts of violation of Section 10(a) of R.A. No. 7610.
The Court held that the prosecution successfully established all elements of the crime. First, AAA and BBB were minors (16 and 17 years old, respectively) at the time of the incident. Second, the act of touching or stroking their genitalia constituted child abuse, defined under the law to include psychological and physical abuse, neglect, cruelty, sexual abuse, and emotional maltreatment. The act was committed through lascivious conduct, which is any intentional touching, either directly or through clothing, of the genitalia of a child done with sexual intent. Third, the abuse was attended by the qualifying circumstance that it was committed in a public place and in the presence of the public, which is punishable under Section 10(b) of R.A. No. 7610.
The Court rejected Magno’s defenses. His denial could not prevail over the positive and categorical testimonies of the victims, who consistently identified him as the perpetrator. Their identification was credible, based on his distinctive physical features and clothing. The claim of accidental touching was untenable, as the victims’ clear testimony described an intentional act directed at their private parts. The Court also found no merit in the argument that the touch was fleeting; the duration of contact is immaterial in establishing lascivious conduct under the law.
Regarding the penalty, the Court applied Section 10(b) of R.A. No. 7610, as the abuse was committed in a public place. The prescribed penalty is prision mayor in its minimum period (6 years and 1 day to 8 years). Applying the Indeterminate Sentence Law, the Court imposed an indeterminate penalty of four (4) years, nine (9) months, and eleven (11) days of prision correccional, as minimum, to seven (7) years, four (4) months, and one (1) day of prision mayor, as maximum, for each count. The Court also sustained the award of PHP 10,000.00 as moral damages to each victim, with legal interest of 6% per annum from finality until full payment.