Petitioner
Loncio
Respondent
People
Citation
G.R. No. 260402
Court
Supreme Court
Division
Second Division
Decided
August 15, 2022

Summary

Lorenzo Cariño @ "Loncio" was found guilty by the Court of Appeals of Rape through Sexual Assault under Article 266-A of the Revised Penal Code. He filed a petition for review on certiorari with the Supreme Court challenging this conviction. The Supreme Court denied the petition, finding no reversible error in the Court of Appeals' decision. However, the Supreme Court modified the designation of the offense to Sexual Assault under Article 266-A (2) of the Revised Penal Code in relation to Section 5 (b) of Republic Act No. 7610, citing People v. Tulagan, which established that when sexual assault is committed against a victim under twelve years of age, this specific nomenclature should be used. The Court imposed an indeterminate penalty of reclusion temporal and ordered the payment of civil indemnity, moral damages, and exemplary damages totaling P150,000.00 with interest. This case demonstrates the Supreme Court's role in ensuring proper legal designation of offenses involving crimes against children under special protection laws.

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By the Intellegal Editorial Board · August 15, 2022

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