People v. Fornillos
REITERATIONFacts
The Antecedents: The case stemmed from five Informations filed against Noli Fornillos y Mabajen @ “Intoy” (Fornillos) for two (2) counts of Rape by Sexual Assault and three (3) counts of Acts of Lasciviousness committed against AAA, a 13-year-old minor, between January and February 2006. The prosecution alleged that Fornillos committed these acts with lewd design, often while pointing a knife at the victim and threatening her. The specific acts included kissing and touching AAA's breasts, and inserting his penis into her mouth on separate occasions. The cases were initially archived due to Fornillos being at large, but he was later arrested in May 2012. Procedural History: The Regional Trial Court (RTC) of Samar, Branch 33, found Fornillos guilty beyond reasonable doubt of the crimes charged and imposed penalties including reclusion perpetua for the rape counts and indeterminate sentences for the acts of lasciviousness, along with civil indemnities. Fornillos appealed to the Court of Appeals (CA). The CA affirmed the RTC's ruling but modified the penalties, sentencing Fornillos to indeterminate periods of imprisonment for each count of Rape by Sexual Assault and Acts of Lasciviousness, and adjusted the monetary awards. The Petition: Fornillos filed an appeal assailing the CA Decision, raising the issue of whether he was guilty beyond reasonable doubt of the crimes charged.
Issue(s)
Whether Fornillos is guilty beyond reasonable doubt of two (2) counts of Rape by Sexual Assault and three (3) counts of Acts of Lasciviousness, and if so, what are the appropriate penalties and civil liabilities. Whether the nomenclature of the crimes, penalties, and civil liabilities should be modified in accordance with established jurisprudence, and if so, what are the revised penalties and civil liabilities.
Ruling
The appeal is bereft of merit. The Supreme Court affirmed the conviction but modified the nomenclature of the crimes, penalties, and civil liabilities. Fornillos was found guilty beyond reasonable doubt of five (5) counts of Lascivious Conduct under Section 5(b) of RA 7610.
Ratio Decidendi
On the guilt of Fornillos, penalties, and civil liabilities: The Court affirmed the factual findings of the RTC and CA that Fornillos sexually abused AAA on five separate occasions. The victim's testimony was found to be positive, candid, straightforward, and unwavering, establishing beyond reasonable doubt that Fornillos committed the acts of inserting his penis into AAA's mouth in two instances and touching her private parts in three other instances. The Court found no reason to deviate from these findings, giving deference to the trial court's superior position in assessing witness credibility. The Court further detailed the penalties and civil liabilities initially imposed. On the modification of crimes, penalties, and civil liabilities: The Court found it proper to adjust the nomenclature of the crimes, penalties, and civil liabilities in accordance with the guidelines set in People v. Tulagan. Applying the table in Tulagan, considering that AAA was a 13-year-old minor at the time of the offenses, the Court reclassified Fornillos' convictions to five (5) counts of "Lascivious Conduct under Section 5(b) of RA 7610." For each count of Lascivious Conduct under Section 5(b) of RA 7610, Fornillos was sentenced to suffer the penalty of imprisonment for an indeterminate period of ten (10) years and one (1) day of prision mayor, as minimum, to seventeen (17) years, four (4) months, and one (1) day of reclusion temporal, as maximum, in accordance with the Indeterminate Sentence Law. For each count of Lascivious Conduct, Fornillos was ordered to pay AAA ₱50,000.00 as civil indemnity, ₱50,000.00 as moral damages, and ₱50,000.00 as exemplary damages. Legal interest of six percent (6%) per annum was imposed on all monetary awards from the date of finality of the Decision until full payment.
Main Doctrine
The Court modified the conviction of the accused from Rape by Sexual Assault and Acts of Lasciviousness to five (5) counts of Lascivious Conduct under Section 5(b) of RA 7610, applying the guidelines set in People v. Tulagan, considering the age of the victim at the time of the commission of the offenses.