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pl.-1) SUPREME COURT OF THE PHILIPPINES ~ r:awnru 00D 0 ' J= ~:o,. ".'.' ":'" . ~ u 3aepublic of tbe t)bilippines ~upreme <!Court ;ffllanila SECOND DIVISION THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, G.R. NO. 235662 Present: ' - versus - CARPIO, Chairperson PERLAS-BERNABE, CAGUIOA, J. REYES, JR., and LAZARO-JAVIER, JJ XXX, Accused-Appellant. Promulgated: ?~_201~ x-----------------------------------------------------------fJ!,:J-~ -~ - _ JL -"- 1. ··~ DECISION LAZARO-JAVIER, J.: Prefatory This appeal assails the Decision 1 dated August 3, 2017 of the Court of Appeals in CA-G.R. CR-HC No. 08486 entitled "People of the Philippines v. .XXX," convicting appellant XXX of two (2) counts of qualified rape and one ( 1) count of lascivious conduct. 1 Penned by Associate Justice Normandie B. Pizarro with the concurrence of Associate Justices Danton Q. Bueser and Marie Christine Azcarraga-Jacob, all members of the Eleventh Division, CA rollo, pp. I 02120. ~

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People v. XXX

Jurisprudence

Case number: G.R. No. 235662

Division: PH Supreme Court Second Division

Date of decision: Jun 3, 2019

Year of decision: 2019

GBV Case Type

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

Nature of the case: The accused who is the father of the fifteen years old victim (AAA) as well as the fourteen years old victim (BBB) had carnal knowledge with both said victims in Lipa City, Batangas, thereby charged for two (2) counts of rape in Criminal Case Nos. 08-0581-2013 (rape of his daughter AAA) and 08-0631-2013 (rape of his daughter BBB). The accused essentially assails the credibility of AAA and BBB for not acting in accordance with his personal standard of behavior for victims of incestuous rape. The Court is not persuaded. Accordingly, the accused is convicted for the crime of QUALIFIED RAPE and sentenced to reclusion perpetua without eligibility of parole for each count. He is likewise convicted for the crime of LASCIVIOUS CONDUCT and sentenced to reclusion perpetua.

Summary of outcome: He is sentenced to suffer the following, viz:

For Criminal Case Nos. 08-0581-2013 and 08-0631-2013 (Qualified Rape): The offender is sentenced to suffer the of reclusion perpetua without eligibility for parole and ordered to pay separately the victims of P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages.

For Criminal Case No. 08-0630 2013 (Lascivious Conduct): He is sentenced to suffer the penalty of reclusion perpetua nd to pay a FINE of P15,000.00. He is required to pay the 14-year-old victim P75,000.00 as civil indemnity, P75,000.00 as exemplary damages, and P75,000.00 as moral damages. All monetary awards for damages shall earn an interest rate of six percent (6%) per annum to be computed from the finality of the judgment until fully paid.

Observatory: Gender-Based Violence

Ponente: LAZARO-JAVIER, J.:

Long title: PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. xxxxxxxxxxxxxxxxx, ACCUSED-APPELLANT.

Geolocation 1

Latitude: 13.957515

Longitude: 121.165003

: Geolocation 1

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People v. XXX

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