RICALDE v. v. PEOPLE - G.R. No. 211002 - January 21, 2015
FACTS: Ricalde, then 31 years old is a distant relative and textmate of XXX, then 10 years old. XXX invited Ricarde to their house and after dinner, XXX’s mother told Ricalde to spend the night as it was late. He slept on the sofa while XXX slept on the living room oor. !round "#00 a.m., XXX awo$e as %he felt pain in his anus and stomach and something inserted in his anus.% He saw that Ricalde %fondled his penis.% XXX ran toward his mother’s room to tell her what happened. He also told his mother that Ricalde played with his sexual organ. &r. &r. Roy 'amarillo examined XXX and found no signs of recent trauma in his anal ori(ce that was also %)*+!-* for spermato/oa.% Ricalde denied the accusations ut R R' found him guilty of rape through sexual assault. he armed the conviction with the modi(cation of lowering the amounts of damages awarded. Ricalde (led this 2etition praying for his acuittal.
ISSE: 45) petitioner Richard Ricalde is guilty for the crime of rape through sexual assault !ELD: 6*7. he 7upreme 'ourt armed the petitioner’s conviction with modi(cation on the penalty imposed. he !nti8Rape 9aw of 1::; classi(ed classi(ed rape as a crime against persons and amended the Revised 2enal 2enal 'ode to include !rticle "<<8! on rape through sexual assault# !rticle "<<=!. Rape> 4hen and How 'ommitted.?Rape is 'ommitted? xxx
2" #y any $%r&on '(o, un)%r any o* +(% ru&+an%& %n+on%) n $ara/ra$( 1 (%r%o*, &(a o+ an a+ o*
&%ua a&&au+ y n&%r+n/ (& $%n& n+o ano+(%r $%r&on3& ou+( or ana or4%, or any n&+ru%n+ or o%+, n+o +(% /%n+a or ana or4% o* ano+(%r $%r&on. -n a long line of cases, this court has given full weight and credit to the testimonies of child victims. heir %youth and immaturity are generally adges of truth and sincerity.% XXX, then only 10 years old, had no reason to concoct lies against petitioner. he court armed petitioner’s conviction ut modi(ed the penalty imposed y the lower court to the penalty under !rticle ---, 7ection @AB of Repulic !ct )o. ;<10 $nown as the %7pecial 2rotection of 'hildren !gainst 'hild !use, *xploitation and &iscrimination !ct%# 7*'. @. 'hild 2rostitution and 5ther 7exual !use.? 'hildren, whether male or female, who for money, pro(t, or any other consideration or due to the coercion or inuence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to e children exploited in prostitution and other sexual ause. he penalty of reclusion temporal in its medium period to reclusion perpertua shall e imposed upon the following# xxxx AB hose who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or suCected to other sexual ause# Prov)%), T(a+ '(%n +(% v+ & un)%r +'%v% 612" y%ar& o* a/% xxx Hence, Richard Ricalde is sentenced to suDer the indeterminate penalty of reclusion temporal. He is ordered to pay the victim civil indemnity in the amount of 230,000.00 and moral damages li$ewise in the amount of 230,000.00.
