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E-Library - Information At Your Fingertips: Printer Friendly 1 of 9 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63146 811 Phil. 700 THIRD DIVISION [ G.R. No. 203114, June 28, 2017 ] VIRGILIO LABANDRIA AWAS, PETITIONER, V. PEOPLE OF THE PHILIPPINES, RESPONDENT. DECISION BERSAMIN, J.: Under review is the decision promulgated on May 8, 2012,[1] whereby the Court of Appeals (CA) affirmed with modification the decision rendered on February 4, 2011 by the Regional Trial Court, Branch 172, in Valenzuela City finding the petitioner guilty of acts of lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5(b), Article III of Republic Act No. 7610.[2] The information charged the petitioner with rape through sexual abuse, alleging as follows: That on or about January 24, 2010 in Valenzuela City, Metro Manila and within the jurisdiction of this Honorable Court, the above-named accused with lewd design, by means of force and intimidation employed upon the person of one AAA (victim/complainant), 10 years old (DOB June 30, 1999), did then and there, unlawfully and feloniously insert his finger into the vagina of the victim/complainant, against her will and without her consent, thereby subjecting the said minor to sexual abuse which debased, degraded and demeaned her intrinsic worth and dignity as a human being. CONTRARY TO LAW.[3] After the petitioner entered his plea of not guilty on February 12, 2010,[4] the case proceeded to pre-trial and trial. During the pre-trial on April 16, 2010, the Prosecution and the Defense stipulated, among others, that the victim had been a minor at the time of the commission of the alleged offense.[5] The evidence of the Prosecution is summarized in the assailed decision of the CA as follows: AAA, a Grade III pupil declared that [petitioner] is the boyfriend of her sister. Sometime in January 2010, [petitioner] was in their house in Valenzuela City. [Petitioner] called her and brought her inside the room. [Petitioner] touched her vagina. [Petitioner] made her lie down beside him and again touched her vagina. Thereafter, [petitioner] put on his 4/21/2020, 9:25 AM

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Awas v. People

Jurisprudence

Case number: G.R. No. 203114

Division: PH Supreme Court Third Division

Date of decision: Jun 28, 2017

Year of decision: 2017

GBV Case Type

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

Nature of the case: A Grade III pupil, 10 years of age who belongs to the sector of Girl Children was forced and intimidated with lewd design by the accused who is the boyfriend of the victim's older sister in the former's house in Valenzuela City by means of inserting the latter's finger into the female genitalia of the victim without her consent and against her will thereby subjecting the victim to sexual abuse. The accused was convicted for the crime of Acts of Lasciviousness under Art. 366 with a penalty being imposed under Section 5(b), Article III of Republic Act No. 7610 or the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act".

Summary of outcome: The accused was convicted and is sentenced to suffer the following: 1. Indeterminate sentence of 12 years and 1 day of reclusion temporal in its minimum period as minimum, to 15 years, 6 months and 21 days of reclusion temporal in its medium period as maximum; and 2. Pay interest of 6% per annum on the civil indemnity (P 20,000.00), moral and exemplary damages (P15,000.00 each) from the finality of the decision until full payment.

Observatory: Gender-Based Violence

Ponente: BERSAMIN, J.:

Long title: VIRGILIO LABANDRIA AWAS, PETITIONER, V. PEOPLE OF THE PHILIPPINES, RESPONDENT.

Geolocation 1

Latitude: 14.7011

Longitude: 120.983

: Geolocation 1

Primary Documents

G.R. No. 203114.pdf
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