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E-Library - Information At Your Fingertips: Printer Friendly 3 of 9 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63146 her at their house. After the incident, he no longer saw his girlfriend. He denied having entered the house of his girlfriend on January 24, 2010. There were occasions, however, prior to January 24, 2010 that he was able to enter his girlfriend's house.[7] As mentioned, the RTC found the petitioner guilty of acts of lasciviousness as defined in Article 336 of the Revised Penal Code and penalized pursuant to Section 5(b), Article III of Republic Act No. 7610, disposing thusly: WHEREFORE, premises considered, the court hereby finds accused VIRGILIO LABANDIRA AWAS guilty beyond reasonable doubt as principal for the offense of acts of lasciviousness under Art. 336 of the Revised Penal Code in relation to Section 5(b), Article III of RA 7610 and he is hereby sentenced to suffer the indeterminate penalty of imprisonment of twelve (12) years and one (1) day of reclusion temporal as minimum, to fifteen years six months and 20 days of reclusion temporal as maximum, P15,000.00 as moral damages and P10,000 fine. Costs de officio. SO ORDERED.[8] On appeal, the CA promulgated the assailed decision on May 8, 2012,[9] affirming the conviction and decreeing: WHEREFORE, premises considered, the instant appeal is hereby DENIED. The assailed Decision dated February 4, 2011, of the Regional Trial Court, Branch 172, Valenzuela City, in Crim. Case No. 70-V-10 is AFFIRMED with MODIFICATION that: Appellant is hereby ordered to pay AAA the following: 1. P20,000.00 as civil indemnity 2. P15,000.00 as moral damages 3. P15,000.00 as exemplary damages, and to pay a fine amounting to P15,000.00. SO ORDERED.[10] The petitioner moved for reconsideration, but the CA denied his motion on August 6, 2012.[11] Hence, this appeal, wherein the petitioner submits as the sole question to be considered and resolved: WHETHER THE HONORABLE COURT OF APPEALS ERRED IN AFFIRMING THE TRIAL COURT'S DECISION DESPITE THE PROSECUTION'S FAILURE TO PROVE BEYOND REASONABLE DOUBT THE PETITIONER'S GUILT FOR 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

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G.R. No. 203114.pdf
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Awas v. People

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