Child abuser meted out reclusion perpetua, fined P2-M

Sending a strong message that child pornography, among other forms of sexual exploitation and abuse, presents an acute danger worldwide if facilitated through the internet, the Supreme Court affirmed the conviction of a child pornographer and sentenced it to imprisonment and a fine of P2 million.

The ruling of the Supreme Court En Banc, through Associate Justice Mario V. Lopez, denied the appeal of Luisa Pineda who was convicted by the Regional Trial Court (RTC) and the Court of Appeals (CA) for child pornography qualified with the use of a computer system.

Under the law, Pineda was sentenced to suffer the penalty of imprisonment of reclusion perpetual, which shall be 20 years and one day to 30 years.

Record showed that Pineda’s house was put under surveillance by the Philippine National Police (PNP) Anti-Trafficking in Persons Division following a tip from the Federal Bureau of Investigation of the United States of America.

With a search warrant, the police officers, together with barangay officials, proceeded to her house where they found, among others, a computer set and cellphone with nude photos and videos of AAA262941, Pineda’s six-year-old niece.

The police officers were also able to rescue three minors — AAA262941, CCC, and DDD — and handed them to the Department of Social Welfare and Development.

AAA262941 told police officers that she was left under the custody of Pineda after her parents separated. She also narrated that Pineda ordered her to enter a room, remove her clothes, and stand naked in front of a computer monitor with a webcam where her private parts were exposed to an unidentified old man.

The accused, likewise, took pictures and videos of AAA262941 in two separate occasions where she was made to touch her genitalia in front of a computer screen.

Pineda was, thus, charged for violation of Sections 4(a), (b), and (c) of Republic Act No. (RA) 9775 or the Anti-Child Pornography Act of 2009, in relation to Section 4(c)(2) of RA 10175 or the Cybercrime Prevention Act of 2012.

The RTC found Pineda guilty, which was affirmed by the CA, prompting the present appeal.

In resolving the appeal, the court first discussed the effect of the subsequent enactment of RA 11930 or the Anti-Online Sexual Abuse of Exploitation of Children (OSAEC) and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) Act.

The court concluded in its ruling that clearly, Pineda committed the prohibited acts in RA 9775 when she persuaded, induced, and coerced her niece AAA262941 to perform in the creation of nude photos and videos, and when she subsequently offered to sell these child pornographic materials.