SC affirms reclusion perpetua, P2-M fine for child pornographer

MANILA – The Supreme Court (SC) on Monday said it has affirmed the sentence of reclusion perpetua (up to 40 years imprisonment) and the P2 million fine on a woman guilty of child pornography.

In a ruling written by Associate Justice Mario Lopez, the Court en banc junked the appeal of accused Luisa Pineda on her conviction for child pornography with the use of a computer system.

Pineda was convicted by the regional trial court which was upheld by the Court of Appeals.

The SC held that all the elements of child pornography under Republic Act (RA) 9775 (Anti-Child Pornography Act of 2009) are present in Pineda's case.

She was charged with 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.

"Clearly, accused (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, concluded the Court," it added.

The Court cited the victim's testimony, as well as the results of the digital forensic examination of the computer set and cellphone seized from Pineda's residence, where the police retrieved multiple naked pictures and explicit video clips of the child.

"Also recovered by the police was an online conversation between Pineda and a foreign customer on the sale of the victim's nude photos and videos," the Court pointed out.

Police launched a surveillance operation on Pineda's house in 2016 following a tip from the United States' Federal Bureau of Investigation (US-FBI).

After securing a search warrant from the court, authorities proceeded to Pineda's house where they found, among others, a computer set and cellphone with nude photos and videos of the victim.

The police officers were also able to rescue three minors during the operation and handed them to the Department of Social Welfare and Development. (PNA)