In a recent ruling, the Supreme Court upheld a decision that found an individual guilty of violating the Anti-Child Pornography Act of 2009. The convicted individual is facing a maximum sentence of 40 years in prison along with a fine of two million pesos.
The ruling, written by Associate Justice Mario Lopez, denied the appeal of Luisa Pineda, who had been convicted by both the Regional Trial Court (RTC) and the Court of Appeals (CA) for child pornography involving the use of a computer system.
The case originated from a tip provided by the Federal Bureau of Investigation of the United States, which led police officers to discover explicit photos and videos of Pineda’s six-year-old niece on a computer and cellphone at her residence. The child, who was under Pineda’s care after her parents’ separation, revealed that Pineda had instructed her to engage in inappropriate activities in front of a camera.
Pineda faced charges under the Anti-Child Pornography Act of 2009 and the Cybercrime Prevention Act of 2012. Despite attempts to appeal the verdict in the higher court, the Supreme Court decided to proceed with the case.
The court discussed the implications of the repeal of the Anti-Child Pornography Act of 2009 by the enactment of new laws addressing similar offenses. Ultimately, the SC found Pineda guilty of all elements of child pornography outlined in the law.
In addition to the prison sentence and fine, Pineda was ordered to pay the victim a sum of P300,000 as moral damages. The high court emphasized the seriousness of the offense and the need to address and prevent such acts in society.
