Professional Documents
Culture Documents
Court of Appeals
Manila
FOURTEENTH DIVISION
Promulgated:
ANDY RAGEL Y OBLIAN, May 2, 2017
Accused-Appellant. _________________
D ECISION *
INTING, J.:
* MODIFIED : Pursuant to the ruling of the Supreme Court in People vs. Cabalquinto, G.R. No. 167693, 19
September 2006, wherein the High Court resolved to withhold the real name of the victim- survivor and
shall use fictitious initials instead to represent her. Likewise, the personal circumstances of the victims-
survivors or any other information tending to establish or compromise their identities, as well those of their
immediate family or household members, shall not be disclosed. Thus, the name of the victim shall appear as
“AAA” and the mother as “BBB”.
1 Rollo, pp. 24-34.
2 Records, pp. 154-162.
3 Records, p. 1.
CA-G.R. CR No. 38203 Page 2 of 10
Decision
CONTRARY TO LAW.
The victim further testified that one evening, she and accused-
appellant went to the latter's workplace in Aurora, Cubao and stayed there
until 9:00 in the morning of the following day. Afterwards, they went to
accused-appellant's place. Later on, they proeceeded to the house of
accused-appellant's friend where they had a drinking spree. After the
drinking spree, they went back to accused-appellant's house. At that time,
she was already very dizzy. Accused-appellant offered to take her home,
but she refused as she did not want to go home yet because she and her
4 Records, p. 28.
CA-G.R. CR No. 38203 Page 3 of 10
Decision
SO ORDERED.9
Our Ruling
xxxx
Thus, the elements of the foregoing offense are the following: (a)
the accused commits the act of sexual intercourse or lascivious conduct;
(b) the said act is performed with a child exploited in prostitution or
subjected to other sexual abuse; and (c) the child, whether male or
female, is below 18 years of age.11
Specifically with regard to the second element, i.e., that the act is
performed with a child exploited in prostitution or subjected to other
sexual abuse, the case of People v. Larin13 explains:
(a) "Children" refers to person 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 xxxx
CA-G.R. CR No. 38203 Page 7 of 10
Decision
The victim was not capable of fully understanding or knowing the import
of her actions, thus, remained vulnerable to the cajolery and deception of
adults, as in this case.
SO ORDERED.
WE CONCUR:
CERTIFICATION
RAMON R. GARCIA
Associate Justice
Chairperson, Fourteenth Division