People of The Philippines, V. Simplicio Delantar

Case Digest: PEOPLE OF THE
PHILIPPINES, v. SIMPLICIO
DELANTAR
G.R. No. 169143
February 2, 2007
FACTS:
On 27 August 1996, information for violation of Section 5, Article III of Republic Act
(R.A.) No. 7610 was filed against respondent Simplicio Delantar y Redondo. Docketed
as Criminal Case No. 96-9175 of the Regional Trial Court (RTC) of Pasay City, the
information was amended on 3 September 1996.
September 4, 1996, appellant, assisted by counsel de parte, entered a plea of not guilty
and informed the court that he did not want a pre-trial. An attempt to quash the
information was made but proved futile and the trial proceeded in due course.
During the trial, the prosecution presented its witnesses. Thereafter on January 31,
1997, the prosecution rests its case and filed formal offer of exhibits. The defense On
the other side, also presented its witnesses. On 25 February 1999, the RTC-Pasay City,
Branch 109, rendered a decision finding appellant guilty beyond reasonable doubt of
two counts of violation of Section 5(a), paragraphs 1, 4 and 5 of Article III of R.A. No.
7610.
The RTC opines that the prosecution has proven the guilt of the accused Simplicio
Delantar y Redondo beyond reasonable doubt when he delivered his daughter [AAA] to
an Arab national by the name of Mr. Hammond from their house at 2165-A P. Burgos
St., Pasay City sometime in 1994 selling her in prostitution to the said [A]rab who
committed acts of lasciviousness on her person by kissing her on her lips, her breast,
her private parts and even rubbing his penis against her private parts which is a clear
violation of Section 5(a), paragraph 1, 4, and 5 [of] Article III of R.A. [No.] 7610 and
hereby sentences him of Reclusion Perpetua and to pay civil liability to the victim in the
amount of ₱60,000.00.
Likewise, the Court finds accused guilty beyond reasonable doubt for violation of
Section 5(a) paragraph 1, 4, and 5 of Article III of R.A. [No.] 7610 when the accused
Simplicio Delantar pimped and delivered the complainant, an eleven (11) year old minor
to Congressman Romeo Jalosjos of the First District of Zamboanga del Norte at the Ritz
Tower in Makati where the said Congressman for eight (8) times committed acts of
lasciviousness on her person when he kissed her on her lips, private organ and even
raped her. That all these times, the accused brought his child from their residence at
2165-A P. Burgos St., Pasay City and [the Court] hereby sentences him to Reclusion
Perpetua and to pay the victim civil liability in the amount of ₱60,000.00.
September 20, 2004, respondent interposed an appeal with the Court of Appeals and
submitted the parties’ briefs. On May 31, 2005, the Court of Appeals rendered a
decision affirming with modification the trial court’s decision. Appellant Simplicio
Delantar found guilty beyond reasonable doubt of Violation of Section 5(a), paragraph[s]
1, 4 and 5, Article III of R.A. No. 7610, for one count only. He is also sentenced to pay
complainant the amount of ₱50,000.00 as civil indemnity, ₱50,000.00 as moral
damages and ₱25,000.00 as exemplary damages
June 23, 2005, respondent, through counsel, filed a notice of appeal from the decision
of the Court of Appeals and on July 21 2005, the court of appeals gave due course to
the notice of appeal and elevated the records of the case to the Supreme Court for
purposes of the appeal.
ISSUE:
Whether or not the respondent is guilty of child prostitution and other sexual abuse (one
count).
HELD:
Supreme Court hereby affirmed with modification the decision of the Court of Appeals.
Respondent Delantar y Redondo is found guilty of one count of violation of Section 5(a),
R.A. No. 7610. He is sentenced to suffer the indeterminate sentence of fourteen (14)
years, eight (8) months and one (1) day of reclusion temporal, as minimum, to
seventeen (17) years, four (4) months and one (1) day of reclusion temporal, as
maximum, and to pay a fine in the sum of ₱20,000.00 to be administered as a cash fund
by the Department of Social Welfare and Development and disbursed for the
rehabilitation of AAA,88 and ₱50,000.00 as moral damages.
Art. III Sec. 5 provides “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”.
Section 31(c) of R.A. No. 7610 contains a listing of the circumstances of relationship
between the perpetrator and the victim which will justify the imposition of the maximum
penalty, namely when the perpetrator is an "ascendant, parent, guardian, stepparent or
collateral relative within the second degree of consanguinity or affinity." Evidence
presented to establish the alleged relationship to respondent is her birth
certificate which mentions respondent as the father. However, said document does not
bear respondent’s signature. Infact, respondent in his testimony, denied that he is
complainant’ father. According to the maxim noscitur a sociis (it is known by its
associates), the correct construction of a word or phrase susceptible of various
meanings may be made clear and specific by considering the company of words in
which it is found or with which it is associated.

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