People of the Philippines vs. Ceferino Villacampa y Cadiente

Manila

SECOND DIVISION

[ G.R. No. 216057. January 08, 2018 ]

PEOPLE OF THE PHILIPPINES, APPELLEE, VS. CEFERINO VILLACAMPA Y CADIENTE @ "DADDY GAGA," APPELLANT.

DECISION

CARPIO, J.:

The Case

On appeal is the 13 March 2014 Decision1'of the Court of Appeals (CA) in CA-G.R. CR-HC No. 04970.

This arose from 12 consolidated criminal cases against appellant Ceferino Villacampa'y'Cadiente @ "Daddy Gaga" (Villacampa) where he was accused of eleven counts of Rape2'and one count of Acts of Lasciviousness3'in relation to Republic Act No. 7610 (RA 7610).4

The CA affirmed the 28 March 2011 Decision5'of the Regional Trial Court (RTC) of Pampanga, convicting Villacampa for nine counts of rape through sexual assault, one count of simple rape, and one count of acts of lasciviousness in relation to RA 7610. He was acquitted in FC Criminal Case No. 1370 for one count of rape.

The Facts

Sometime in March 2006, four minor siblings ' AAA, BBB, CCC, and DDD,6'then 11, 6, 14, and 13 years old, respectively, all had incidents with Villacampa, the common-law husband of their mother.

The findings of fact of the RTC for each of the minors, which were affirmed by the CA, are as follows:

FC Criminal Case Nos. 1359-1361

At around 6:30 in the evening of 21 March 2006, while AAA, then 11 years old, was making her way to the kitchen, she heard Villacampa call her. When she approached him, he removed her shorts, laid her down near the kitchen, and inserted his finger into her vagina. Villacampa attempted to penetrate AAA with his penis but this did not materialize as her mother and sister timely knocked on the door. Villacampa then instructed AAA to go to the comfort room where her mother followed her. AAA disclosed what Villacampa did to her. However, AAA's revelations fell on deaf ears. We note that while there were two acts involved ' the act of inserting the finger and the attempted act of inserting the penis, the Information only alleged the insertion of the finger into the vagina of AAA.

On 23 March 2006, AAA was about to go to school when Villacampa told her that it was still too early to leave. He then made her lie on the'papag,'where he removed her shorts and underwear. He inserted his finger into her vagina and licked her vagina.

On 25 March 2006, when AAA was left by her mother to care for her siblings, Villacampa ordered her other siblings to play outside. Then, he removed AAA's shorts and underwear, inserted his finger into her genital area, and licked her vagina. AAA felt pain. Thereafter, Villacampa instructed AAA to put on her clothes and to go out and play.

AAA reported the incidents to her mother who ignored her. AAA confided with her father who was very furious with Villacampa's sexual abuse of AAA.

FC Criminal Case Nos. 1362-1367

BBB testified that Villacampa inserted his finger into her vagina on several occasions. The first time was when her mother and siblings were away. BBB was sitting alone at home when Villacampa approached her and inserted his finger into her vagina. BBB cried out in pain. When her mother came home, Villacampa removed his fingers from BBB's vagina. Villacampa told BBB not to report the incident to her mother. Another time BBB was molested was when she was eating alone with Villacampa in their house. Villacampa repeated these acts numerous times ' when she was playing with her siblings and Villacampa instructed her siblings to leave the house, when she was sleeping, when she was watching television, and when she was playing outside their house and Villacampa instructed BBB to return to the house. The last time the abuse happened, Villacampa threatened BBB that he would kill her mother if she reported the incident. BBB still narrated the incident to her older sister, AAA. At the time she testified before the trial court, BBB stated that she was eight years old.7

FC Criminal Case Nos. 1368 and 1369

On 21 March 2006, CCC, then 14 years old, was on'the papag'of her room when Villacampa entered her room. After threatening that he would kill her father, Villacampa kissed CCC on her lips and inserted his finger into her vagina. CCC could not shout as Villacampa's tongue was inside her mouth. While her testimony revealed that Villacampa inserted his finger into her vagina, the Information for FC Criminal Case No. 1369 merely stated that Villacampa touched her vagina and kissed her lips, face, and neck, against her will and without her consent.

On 25 March 2006, Villacampa and CCC's mother had a drinking spree where they forced CCC to consume a glass of Red Horse beer. Not used to drinking, CCC felt dizzy and retired to her room where she slept alone. At around 10:00 p.m., CCC was roused from her sleep by Villacampa who instructed her to remove her shorts and underwear. When CCC did not budge, Villacampa undressed her and kissed her on the lips, and forcibly inserted his penis into her vagina. CCC could only cry as she was unable to shout because Villacampa's tongue was inside her mouth. After the incident, Villacampa threatened CCC that if she reported what had happened, he would kill her father. CCC still reported the incident to her mother who refused to believe her. On 6 April 2006, while visiting her father with DDD, CCC divulged the incident to her father. They proceeded to the Municipal Hall where she executed a sworn statement. CCC also underwent medico-legal examination.

In May 2006, CCC found out that she was pregnant. In 2006, she gave birth to a daughter, XXX, who, upon Villacampa's own application for her birth certificate, followed his surname. CCC denied having any romantic relationship with Villacampa.

FC Criminal Case No. 1370

On 25 March 2006, at around midnight, DDD, then 13 years old, was asleep in the living room of their house with her sister, BBB. While their mother was in the kitchen, Villacampa roused DDD from her sleep, covered her mouth and warned her not to report to her Mama and Tatay. Villacampa then removed her shorts and underwear and spread her legs. He inserted his penis into her vagina. DDD could not do anything but cry as she felt pain. As she was caught off guard, she was unable to wake up her sister who was sleeping not far from her. After the incident, Villacampa again warned DDD not to report the incident; otherwise, he would make good his threat to kill her father. The following morning, after Villacampa left for work, DDD reported the incident to her mother who did not believe her.

AAA, BBB, CCC, and DDD all underwent medical examination with the assistance of their father and aunt, MMM. AAA and CCC were examined by Dr. Mariglo Grace Chincuango (Dr. Chincuangco).8'Per her findings on AAA, Dr. Chincuangco found that AAA's hymen had shallow healed lacerations at 1 o'clock and 9 o'clock positions. For CCC, Dr. Chincuangco found that CCC's hymen had deep healed lacerations at 3 o'clock and 10 o'clock positions. As to her pelvic examination, CCC's introitus admits one fingertip with ease. Her external examination was described as unremarkable ' her uterus is small, no adrenal tenderness, bleeding or injuries.9'Both AAA and CCC were not found to be pregnant at the time of the examination.10'BBB and DDD were examined by Dr. Lorelei Guevarra (Dr. Guevarra).11'The medical records issued by Dr. Guevarra were identified before the trial court by Ronelie Regala, the Administrative Officer III of the Records Section of JBL Hospital.

For his defense, Villacampa argues that the victims' testimonies were not credible and thus not enough to warrant his conviction. He posits that the victims were instructed by their father and Aunt MMM to file the cases against him. For CCC, he claims that he courted her and had a daughter with her. In this appeal, Villacampa argues that the lower courts erred in finding him guilty of the crimes charged as the prosecution failed to establish his guilt beyond reasonable doubt.

The Ruling of the RTC

In a Decision dated 28 March 2011, the RTC found Villacampa guilty beyond reasonable doubt for violating Section 5(b) of RA 7610 in FC Criminal Case Nos. 1359-1367 (rape through sexual assault) and FC Criminal Case No. 1369 (acts of lasciviousness or sexual abuse). He was likewise found guilty beyond reasonable doubt of simple rape in FC Criminal Case No. 1368. He was acquitted in FC Criminal Case No. 1370 as the trial court found that the testimony of DDD was doubtful as her description of the incident, particularly the position of Villacampa's hands, was contrary to human experience and thus not enough to overcome the presumption of innocence.12'The RTC held:

WHEREFORE, premises considered, the Court finds the accused CEFERINO VILLACAMPA y CADIENTE @ "Daddy Gaga" GUILTY Beyond Reasonable Doubt of Violating Sec. 5(b) of R.A. 7610 in FC Crim. Case Nos. 1359-1367, hereby imposing the penalty of imprisonment of fourteen (14) years and one (1) day of'Reclusion Temporal'as minimum to seventeen (17) years and four (4) months of'Reclusion Temporal'as maximum, the victims being under twelve (12) years of age and the payment of fine in the amount of fifteen thousand pesos (Php 15,000.00) and moral damages in the amount of twenty thousand pesos (Php 20,000.00) for each count[.] Insofar as FC Crim. Case No. 1369 is concerned, he is likewise found GUILTY Beyond Reasonable Doubt of Violating Sec. 5(b) of R.A. 7610 with the penalty of imprisonment of fourteen (14) years and'one'(1) day'of Reclusion Temporal'as minimum to'Reclusion Perpetua'as maximum as well as to pay moral damages and fine in the same amounts of fifteen thousand [pesos] (Php 15,000.00). In FC Crim. Case No. 1368, he is found GUILTY Beyond Reasonable Doubt of Simple Rape with the penalty of'Reclusion Perpetua'and to pay fifty thousand pesos (Php 50,000.00) as civil indemnity, fifty thousand pesos [Php 50,000.00 as moral damages and exemplary damages in the amount of thirty thousand pesos (Php 30,000[.00). He is however Acquitted in FC Crim. Case No. 1370.

The Jailer is hereby ordered to make the proper reduction of the period during which the accused was under preventive custody by reason of this case in accordance with law.

SO ORDERED.13

The Ruling of the CA

In a Decision dated 13 March 2014, the CA affirmed, with modification as to the penalty, the Decision of the RTC. The dispositive portion of the Decision of the CA reads:

WHEREFORE, premises considered, the Consolidated Decision dated March 28, 2011 of the Regional Trial Court (RTC), Third Judicial Region, Branch 45 of San Fernando, Pampanga in FC Criminal Cases No[s]. 1359-1367, 1368 and 1369 is hereby MODIFIED as follows:

(1) In FC Criminal Case No[s]. 1359 to 1367, We find appellant Ceferino Villacampa y Cadiente GUILTY. of rape through sexual assault in relation to R.A. No. 7610. He is ordered to suffer an indeterminate prison term of [ten] (10) years'of prision mayor,'as minimum, to seventeen (17) years, four (4) months and one (1) day of'reclusion temporal'as maximum and to pay P20,000.00 as civil indemnity, P30,000.00 as moral damages and P30,000.00 as exemplary damages for each count. As a matter of clarification, contrary to the RTC findings, FC Criminal Case No. 1361 pertained to the rape of victim AAA and not to BBB;

(2) In FC Criminal Case No. 1368, We find appellant Ceferino Villacampa y Cadiente GUILTY of simple rape and is ordered to suffer the penalty of'reclusion perpetua'and to pay P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P30,000.00 as exemplary damages;

(3) In FC Criminal Case No. 1369, We find appellant Ceferino Villacampa y Cadiente GUILTY of sexual abuse under Section 5(b) of R.A. 7610 and is ordered to suffer an indeterminate prison term often (10) years'of prision mayor,'as minimum, to sixteen (16) years, five (5) months and ten (10) days of'reclusion temporal'as maximum and to pay P20,000.00 as civil indemnity, P30,000.00 as moral damages, and a fine amounting to P15,000.00.

SO ORDERED.14

Villacampa filed his Notice of Appeal dated 8 April 2014 with the CA.15

The Issue

The issue to be resolved in this appeal is whether or not the CA gravely erred in finding Villacampa guilty of nine counts of rape through sexual assault in relation to Section 5(b) of RA 7610, one count of simple rape under the Revised Penal Code (RPC), and one count of sexual abuse under Section 5(b) of RA 7610.

The Ruling of the Court

The appeal is without merit. We affirm the findings of the CA with modification as to the penalty.

Article 266-A of the Revised Penal Code, as amended by the Anti-Rape Law of 1997,16'provides:

Article 266-A.'Rape: When and How Committed. ''Rape is committed:

1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:

a) Through force, threat, or intimidation;

b) When the offended party is deprived of reason or otherwise unconscious;

c) By means of fraudulent machination or grave abuse of authority; and

d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.

2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.

In FC Criminal Case No. 1368, the crime involved is that of simple rape as defined in the first paragraph of the aforementioned article. Villacampa had carnal knowledge of CCC, who bore his child as a result thereof. Further, FC Criminal Case Nos. 1359-1367 involved rape through sexual assault as described in the second paragraph of Article 266-A because Villacampa inserted his finger into the vagina of his victims. It has long been established that the insertion of the finger into another person's genital or anal orifice constitutes rape through sexual assault.17'On the other hand, FC Criminal Case No. 1369 charges Villacampa with acts of lasciviousness or sexual abuse as he is accused of kissing the lips, face, and neck of the victim. It is important to note that the victims in these cases were all minors at the time of the commission of the crimes. Thus, the provisions of RA 7610 are relevant, specifically those on sexual abuse:

Section 5.'Child Prostitution and Other Sexual Abuse.'' Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.

x x x x

(b)'Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subject to other sexual abuse;'Provided, That when the victim is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be'reclusion temporal'in its medium period;

x x x x (Emphasis supplied)

The following elements of sexual abuse under Section 5, Article III of RA 7610 must be established:

1. The accused commits the act of sexual intercourse or lascivious conduct.

2. The said act is performed with a child exploited in prostitution or subjected to other sexual abuse.

3. The child, whether male or female, is below 18 years of age.18

In the present cases, all the elements of sexual abuse under RA 7610 have been met.

The first element is the act of sexual intercourse or lascivious conduct. Lascivious conduct is defined in Section 2(h) of the Implementing Rules and Regulations of RA 7610 as "the'intentional touching,'either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the'introduction of any object into the genitalia, anus or mouth, of any person,'whether of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person."19'As found by the lower courts, Villacampa inserted his finger into the vagina of his minor victims in FC Criminal Case Nos. 1359-1367. In FC Criminal Case No. 1369, Villacampa kissed CCC on the lips, face, and neck against her will. Villacampa even inserted his finger into CCC's vagina, even though this was not included in the Information against him. Thus, it is evident that Villacampa committed an act of lascivious conduct against each of his victims.

Next, the second element is that the act is performed with a child exploited in prostitution or subjected to other sexual abuse. To meet this element, the child victim must either be exploited in prostitution or subjected to other sexual abuse. In'Quimvel v. People,20'the Court held that the fact that a child is under the coercion and influence of an adult is sufficient to satisfy this second element and will classify the child victim as one subjected to other sexual abuse. The Court held:

To the mind of the Court, the allegations are sufficient to classify the victim as one'"exploited in prostitution or subject to other sexual abuse."'This is anchored on the very definition of the phrase in Sec. 5 of RA 7610, which encompasses children who indulge in sexual intercourse or lascivious conduct (a) for money, profit, or any other consideration; or (b) under the coercion or influence of any adult, syndicate or group.

Correlatively, Sec. 5(a) of RA 7610 punishes acts pertaining to or connected with child prostitution wherein the child is abused primarily for profit. On the other hand, paragraph (b) punishes sexual intercourse or lascivious conduct committed on a child subjected to other sexual abuse. It covers not only a situation where a child is abused for profit but also one in which a child, through coercion, intimidation or influence, engages in sexual intercourse or lascivious conduct. Hence, the law punishes not only child prostitution but also other forms of sexual abuse against children, x x x.21

The Court further clarified that the sexual abuse can happen only once, and still the victim would be considered a child subjected to other sexual abuse, because what the law punishes is the maltreatment of the child, without regard to whether or not this maltreatment is habitual. The Court held:

Contrary to the exposition, the very definition of'"child abuse"'under Sec. 3(b) of RA 7610 does not require that the victim suffer a separate and distinct act of sexual abuse aside from the act complained of. For it refers to the maltreatment, whether habitual or not, of the child. Thus, a violation of Sec. 5(b) of RA 7610 occurs even though the accused committed sexual abuse against the child victim only once, even without a prior sexual affront.22

In this case, Villacampa, the common-law husband of their mother, repeated the lascivious conduct against his victims, who were all under his coercion and influence. Clearly, the second element is present and all the child victims are considered to be subjected to other sexual abuse.1'шphi1

Finally, the third element, that the child is below 18 years of age, has been sufficiently proven during the trial of the case for all of the victims.

In sum, we find that all the elements were proven beyond reasonable doubt. Villacampa inserted his finger into the vagina of his minor victims, and in the case of DDD, he inserted his penis, threatening them by using force and intimidation. Moreover, Villacampa was the common-law husband of the mother of the victims and thus, he exerted moral ascendancy over them. Moral ascendancy takes the place of the force and intimidation that is required in rape cases.23'The minority of the victims was all proven during the course of the trial and also admitted by Villacampa. The victims were all subjected to sexual abuse by Villacampa as he engaged in lascivious conduct with them.

Proper Nomenclature and Penalties

We take this opportunity to reiterate our pronouncement in'People v. Caoili24'regarding the proper nomenclature of the crime and penalties for lascivious conduct under Section 5(b) of RA 7610. We provided the necessary guidelines for designating the proper offense,'viz:

Accordingly, for the guidance of public prosecutors and the courts, the Court takes this opportunity to prescribe the following guidelines in designating or charging the proper offense in case lascivious conduct is committed under Section 5(b) of R.A. No. 7610, and in determining the imposable penalty:

1. The age of the victim is taken into consideration in designating or charging the offense, and in determining the imposable penalty.

2. If the victim is under twelve (12) years of age, the nomenclature of the crime should be "Acts of Lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5(b) of R.A. No. 7610." Pursuant to the'second proviso'in Section 5(b) of R.A. No. 7610, the imposable penalty is'reclusion temporal'in its medium period.

3. If the victim is exactly twelve (12) years of age, or more than twelve (12) but below eighteen (18) years of age, or is eighteen (18) years old or older but is unable to fully take care of herself/himself or protect herself/himself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition, the crime should be designated as "Lascivious Conduct under Section 5(b) of R.A. No. 7610," and the imposable penalty is'reclusion temporal'in its medium period to'reclusion perpetua.

AAA and BBB were both under twelve (12) years of age while CCC was then fourteen (14) years old when the incidents occurred. Accordingly, Villacampa should be held guilty for the crime of Acts of Lasciviousness under Article 336 of the RPC in relation to Section 5(b) of RA 7610 for FC Criminal Case Nos. 1359-1367, instead of rape through sexual assault in relation to RA 7610, as designated by the lower courts. For FC Criminal Case No. 1369, instead of acts of lasciviousness or sexual abuse in relation to RA 7610, Villacampa should be held guilty for the crime of Lascivious Conduct under Section 5(b) of RA 7610. In FC Criminal Case No. 1368, as there was actual penal penetration, Villacampa was correctly held guilty for the crime of simple rape under the RPC.

Further, we modify the penalty imposed by the CA, pursuant to the guidelines set forth in'People v. Caoili.25

The CA modified the penalty imposed by the RTC for FC Criminal Case Nos. 1359-1367, and in its stead applied the penalty prescribed under the RPC. The CA interpreted RA 7610 to mean that crimes against victims under 12 years of age are prosecuted under the RPC and therefore the penalty under the RPC ''reclusion temporal ''is applicable. The CA continued to apply the Indeterminate Sentence Law, stating that the minimum period is'prision mayor.'It considered the minority of the victims only as an aggravating circumstance. This is an erroneous interpretation.

The proper penalty to be applied in cases where the victims are under 12 years of age is'reclusion temporal'in its'medium period,'as specifically provided in RA 7610. Section 5(b) provides:

(b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subject to other sexual abuse; Provided, That when the victim is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be:'Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be'reclusion temporal'in its medium period;'(Boldfacing and underscoring supplied)

Thus, while the accused will be prosecuted for rape under the RPC, as amended, the penalty imposed should be that prescribed by RA 7610 which is'reclusion temporal'in its medium period. Moreover, notwithstanding that RA 7610 is a special law, Villacampa is entitled to the application of the Indeterminate Sentence Law.26'Applying the Indeterminate Sentence Law, the minimum should be the penalty next lower in degree or'reclusion temporal'in its minimum period. We have addressed this matter squarely in'People v. Chingh,27'where we held:

In this case, the offended party was ten years old at the time of the commission of the offense. Pursuant to the above-quoted provision of law, Armando was aptly prosecuted under paragraph 2, Article 266-A of the Revised Penal Code, as amended by R.A. No. 8353, for Rape Through Sexual Assault. However, instead of applying the penalty prescribed therein, which is'prision mayor,'considering that VVV was below 12 years of age, and considering further that Armando's act of inserting his finger in VVV's private part undeniably amounted to lascivious conduct, the appropriate imposable penalty should be that provided in Section 5(b), Article III of R.A. No. 7610, which is'reclusion temporal'in its medium period.

The Court is not unmindful [of] the fact that the accused who commits acts of lasciviousness under Article 366, in relation to Section 5(b), Article III of R.A. No. 7610, suffers the more severe penalty of'reclusion temporal'in its medium period than the one who commits Rape Through Sexual Assault, which is merely punishable by'prision mayor.'This is undeniably unfair to the child victim. To be sure, it was not the intention of the framers of R.A. No. 8353 to have disallowed the applicability of R.A. No. 7610 to sexual abuses committed to children. Despite the passage of R.A. No. 8353, R.A. No. 7610 is still good law, which must be applied when the victims are children or those "persons below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition."

Applying the Indeterminate Sentence Law, the maximum term of the indeterminate penalty shall be that which could be properly imposed under the law, which is fifteen (15) years, six (6) months and twenty (20) days'of reclusion temporal.'On the other hand, the minimum term shall be within the range of the penalty next lower in degree, which is'reclusion temporal'in its minimum period, or twelve (12) years and one (1) day to fourteen (14) years and eight (8) months.28

Thus, we find that the proper penalty for each count of Acts of Lasciviousness under Article 336 of the RPC in relation to Section 5(b) of RA 7610 in FC Criminal Case Nos. 1359-1367 is the indeterminate sentence of twelve (12) years, ten (10) months and twenty (20) days of'reclusion temporal'as minimum to fifteen (15) years, six (6) months and twenty (20) days of'reclusion temporal'as maximum. With respect to civil liabilities, in accordance with prevailing jurisprudence, Villacampa should pay the victims the amounts of P20,000 as civil indemnity, P15,000 as moral damages, and P15,000 as exemplary damages for each count of Acts of Lasciviousness under Article 336 of the RPC in relation to Section 5(b) of RA 7610.29

On the other hand, as CCC was more than 12 years old at the time of the incidents, we find that the penalty imposed by the CA for FC Criminal Case Nos. 1368 and 1369 is correct. For the finding of simple rape in FC Criminal Case No. 1368, we find the penalty of'reclusion perpetua'and the civil liabilities of P75,000 as civil indemnity, P75,000 as moral damages, and P75,000 as exemplary damages proper in accordance with prevailing jurisprudence.30'For the finding of Lascivious Conduct under Section 5(b) of RA 7610 in FC Criminal Case No. 1369, we affirm the indeterminate prison term often (10) years'of prision mayor'as minimum to sixteen (16) years, five (5) months and ten (10) days of'reclusion temporal'as maximum imposed by the CA because the penalty prescribed by RA 7610 is'reclusion temporal'in its medium period to'reclusion perpetua.31'However, in accordance with prevailing jurisprudence, we modify the civil liabilities ' Villacampa is ordered to pay P20,000 as civil indemnity, P15,000 as moral damages, and P15,000 as exemplary damages.32

Moreover, as Section 31(f) of RA 7610 imposes a fine upon the offender, Villacampa is ordered to pay a fine of P15,000 for each violation of RA 7610, in accordance with prevailing jurisprudence.33

Villacampa is further ordered to pay interest at the rate of six percent (6%)'per annum'on all damages awarded from the date of finality of this Decision until such damages are fully paid, in accordance with prevailing jurisprudence.34

WHEREFORE,'the assailed 13 March 2014 Decision of the Court of Appeals in CA-G.R. CR-HC No. 04970 is'AFFIRMED'with'MODIFICATIONS:

(1) In FC Criminal Case Nos. 1359 to 1367, we find appellant Ceferino Villacampa'y'Cadiente @ "Daddy Gaga"'GUILTY'of nine counts of Acts of Lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5(b) of Republic Act No. 7610. He is sentenced to suffer an indeterminate prison term of twelve (12) years, ten (10) months and twenty (20) days of' reclusion temporal'as minimum to fifteen (15) years, six (6) months and twenty (20) days of'reclusion temporal'as maximum and is ordered to pay P15,000 as fine, P20,000 as civil indemnity, P15,000 as moral damages, and P15,000 as exemplary damages for each count;

(2) In FC Criminal Case No. 1368, we find appellant Ceferino Villacampa'y'Cadiente @ "Daddy Gaga"'GUILTY'of simple rape and he is sentenced to suffer the penalty of'reclusion perpetua'and is ordered to pay P75,000. as civil indemnity, P75,000 as moral damages, and P75,000 as exemplary damages;

(3) In FC Criminal Case No. 1369, we find appellant Ceferino Villacampa'y'Cadiente @ "Daddy Gaga"'GUILTY'of Lascivious Conduct under Section 5(b) of Republic Act No. 7610. He is sentenced to suffer an indeterminate prison term of ten (10) years of'prision mayor'as minimum to sixteen (16) years, five (5) months and ten (10) days of'reclusion temporal'as maximum and is ordered to pay P15,000 as fine, P20,000 as civil indemnity, P15,000 as moral damages, and P15,000 as exemplary damages; and

(4) Appellant Ceferino Villacampay Cadiente @ "Daddy Gaga" is further ordered to pay interest at the rate of six percent (6%)'per annum'on all damages awarded from the date of finality of this Decision until such damages are fully paid.

SO ORDERED.

Velasco, Jr.,*'Peralta, Caguioa,'and'Reyes, Jr., JJ., concur.

Footnotes

*'Designated additional member per Raffle dated 11 December 2017.

1'Rollo,'pp. 2-26. Penned by Associate Justice Eduardo B. Peralta, Jr., with Associate Justices Magdangal M. De Leon and Stephen C. Cruz concurring.

2'FC Criminal Case Nos. 1359-1368, 1370.

3'FC Criminal Case No. 1369.

4'Otherwise known as "Special Protection of Children Against Abuse, Exploitation and Discrimination Act." Approved on 17 June 1992.

5'CA'rollo,'pp. 73-104. Penned by Judge Adelaida Ala-Medina.

6'In accordance with Amended Administrative Circular No. 83-2015 issued on 5 September 2017, the identities of the parties, records and court proceedings are kept confidential by replacing their names and other personal circumstances with fictitious initials, and by blotting out the specific geographical location that may disclose the identities of the victims.

7'Rollo,'p. 5.

8'Id. at 7.

9'Id.

10'Id.

11'Id.

12'CA'rollo,'p. 98.

13'Id. at 103-104.

14'Rollo,'pp. 24-25.

15'Id. at 27.

'16'RA 8353.

17'People v. Magbanua,'576 Phil. 642 (2008), citing'People v. Senieres,'547 Phil. 674 (2007).

18'People v. Bonaagua,'665 Phil. 750 (2011), citing'Malto v. People,'560 Phil. 119 (2007);'Navarrete v. People,'542 Phil. 496 (2007);'Olivarez v. Court of Appeals,'503 Phil. 421, 431 (2005).

19'Emphasis supplied.

20'G.R. No. 214497, 18 April 2017.

21'Id.

22'Id.

23'People v. Antonio,' 739 Phil. 686 (2014).

24'G.R. Nos. 196342 and 196848, 8 August 2017.

25'Id.

26'See'People v. Leonardo,'638 Phil. 161, 198 (2010).

27'661 Phil. 208 (2011).

28'Id. at 222-223.

29'See'People v. Udtohan,'G.R. No. 228887, 2 August 2017, citing'People v. Aycardo,'G.R. No. 218114, 5 June 2017.

30'People of the Philippines v. Jugueta,'G.R. No. 202124, 5 April 2016, 788 SCRA 331.

31'Section 5, Article III, RA 7610.

32'See'Escalante v. People,'G.R. No. 218970, 28 June 2017. See also'Pinlac v. People,'773 Phil. 49, 58-59 (2015).

33'People v. Caoili,'supra note 24, citing'People v. Bacus,'767 Phil. 824 (2015).

34'Supra note 32.