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That the act done by petitioner was mere "touching" of AAA's sexual organ was further corroborated by BBB whose testimony is as follows: Q On that particular day, April 27, 2004, you saw the accused and your Ate AAA. What did you see? A Ginaganyan po. COURT The witness is demonstrating by moving his middle finger. Q According to you, you demonstrated by moving your middle finger constantly. Who was the once [sic] doing that? A Him, ma'am. COURT INTERPRETER Witness pointing to the accused. COURT I want to clarify. What was that finger doing? WITNESS Pinaano po sa ano ni Ate. COURT. Ideretso muna [sic]. Pinaano ang ano. WITNESS Inilulusot po niya. COURT Sa ano? WITNESS Dito po. COURT Angano? WITNESS

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Lutap v. People

Jurisprudence

Case number: G.R. No. 204061

Division: PH Supreme Court First Division

Date of decision: Feb 5, 2018

Year of decision: 2018

GBV Case Type

Acts of lasciviousness
Child Abuse (R.A. 7610)
Minor

Nature of the case: A six years old girl who belongs to the sector of Girl-Children was forced, threatened and intimated by her father's best friend who frequently visits their house by means of touching the victim's private part while playing text cards in the latter's house in Quezon City. The accused was convicted for the crime of Acts of Lasciviousness under Article 336 of the RPC in relation to Section 5 of R.A. 7610 contrary to the ruling of the Court of Appeals that the accused committed attempted rape as the Supreme Court ruled that absent any showing that there was actual insertion of a finger into the victim's private part, there can be no rape or even an attempted one.

Summary of outcome

The accused is convicted and is sentenced to suffer the following penalties:

Indeterminate sentence of 12 years and 1 day of reclusion temporal in its minimum period as mimimum, to 15 years, 6 months and 20 days of reclusion temporal in its medium period as its maximum; and
Pay the victim moral damages, exemplary damages, a fine in P 15,000.00 each and civil indemnity in the amount of P 20,000.00 and 6% interest per annum from the finality of the judgment until fully paid on the damages and civil indemnity.

Observatory: Gender-Based Violence

Ponente: TIJAM, J.:

Long title: EDMISAEL C. LUTAP, PETITIONER, V. PEOPLE OF THE PHILIPPINES, RESPONDENT.

Geolocation 1

Latitude: 14.646016

Longitude: 121.049656

: Geolocation 1

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LUTAP.pdf
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Lutap v. People

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