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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


REGIONAL TRIAL COURT
BRANCH 199
LAS PIÑAS CITY

PEOPLE OF THE PHILIPPINES,


- versus - CRIMINAL CASE NO. 21-0476

JOJO REYES y MURAO,


Accused.
x--------------------x

DECISION
Stand charged before this court is herein accused, JOJO
REYES y MURAO for LASCIVIOUS CONDUCT UNDER SECTION 5
(b) of REPUBLIC ACT NO. 7610 in a Criminal Information dated
April 25, 2021 committed as follows:

“That on or about 23rd day of April 2021, in the


City of Las Piñas, Philippines and within the
jurisdiction of this Honorable Court, the above-
named accused, being the biological father of herein
victim, with lewd design, through force and
intimidation, did then and there willfully, unlawfully
and feloniously commit lascivious conduct against
AAA, a twelve (12) year old minor, by touching and
subsequently inserting his finger into her vagina
against her will and without her consent, which acts
debase, degrade and demean her intrinsic worth
and dignity as a human being.”

CONTRARY TO LAW”.

On May 10, 2021, accused Jojo Reyes y Murao was arraigned


and with the assistance of his counsel de oficio Atty. Quennie Agnes
Somera of the Public Attorney’s Office entered a plea of NOT
GUILTY to the aforesaid criminal information.

During the initial presentation of prosecution evidence on July


29, 2021, his counsel de oficio manifested the desire of the accused
to enter into a plea bargaining from Lascivious Conduct Under
Section 5 (b) of Republic Act 7610 to Acts of Lasciviousness under
the Revised Penal Code.
DECISION
Criminal Case No. 21-0476
Page 2 of 2
x------------------------------------------------------x

The court conducted a searching inquiry of his desire to


withdraw his original plea of not guilty from Lascivious Conduct Under
Section 5 (b) of Republic Act 7610 to that of guilty to Acts of
Lasciviousness under the Revised Penal Code.

That despite the admonition given to him by the court on the


effects of a plea of guilty, accused insisted and reiterated to plead
guilty.

Accused was re-arraigned and after reading the criminal


information in Filipino, a language that he speaks and understands,
he entered a plea of Guilty from Lascivious Conduct Under Section 5
(b) of Republic Act 7610 to Acts of Lasciviousness under the Revised
Penal Code.

The accused plea of guilty shall be considered as a mitigating


circumstance because it was made prior to the presentation of
prosecution evidence.

WHEREFORE, by his voluntary and spontaneous admission


accused JOJO REYES y MURAO is found GUILTY beyond
reasonable doubt of Acts of Lasciviousness under the Revised Penal
Code and hereby penalizes him with the indeterminate sentence of
SIX (6) MONTHS of ARRESTO MAYOR, as minimum, to FOUR (4)
YEARS, TWO (2) MONTHS of PRISION CORRECCIONAL as its
maximum.

Accused is further directed to indemnify the minor private


complainant moral damages in the amount of TWENTY THOUSAND
(Php20,000.00).

The period during which accused has remained under detention


shall be credited to him in full provided that he complied with the
terms and conditions of the Las Piñas City jail.

Let a copy of this Decision be furnished the accused and his


counsel, the private complainant and the prosecution for their
information and guidance.

SO ORDERED.

Promulgated in Open Court.


Las Piñas City, August 5, 2021.

ELIZABETH YU-GURAY
Acting Presiding Judge

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