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817 Phil. 1008 FIRST DIVISION [ G.R. No. 214880, September 06, 2017 ] PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. AMANTE PADLAN Y LEONES @ BUTOG, ACCUSED-APPELLANT. DECISION DEL CASTILLO, J.: This resolves the appeal filed by the appellant Amante Padlan y Leones (Padlan) assailing the April 15, 2014 Decision[1] of the Court of Appeals (CA) in CA-G.R. CRH.C. No. 05517 which affirmed with modifications the November 10, 2011 Joint Decision[2] of the Regional Trial Court (RTC) of Malolos City, Branch 18, in Criminal Case Nos. 2755-M-2005, 2756-M-2005, and 2757-M-2005, finding Padlan guilty beyond reasonable doubt of two counts of rape and one count of acts of lasciviousness, respectively. Three Informations were filed against Padlan charging him with two counts of rape under Article 266-A of the Revised Penal Code (RPC) in relation to Republic Act No. 7610[3] (RA 7610), and one count of acts of lasciviousness under Article 336 of the RPC in relation to RA 7610, allegedly committed as follows: Criminal Case No. 2755-M-2005 The undersigned Asst. Provincial Prosecutor accuses Amante Padlan y Leones @ Butog of the crime of Rape penalized under the provisions of Art. 266-A of the Revised Penal Code, as amended by R.A. 8353 in relation to R.A. 7610, committed as follows: That on or about the 7th day of August, 2005, in the municipality of Meycauayan, province of Bulacan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with lewd designs, did then and there willfully, unlawfully and feloniously by means of force and intimidation, have [sic] carnal knowledge of "AAA," 9 years old, against her will and without her consent and after having carnal knowledge of said "AAA" inserted his finger into her genital, thereby affecting badly the latter's emotional and psychological well being and development. Contrary to law.[4]

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People v. Padlan

Jurisprudence

Case number: G.R. No. 214880

Division: PH Supreme Court First Division

Date of decision: Sep 6, 2017

Year of decision: 2017

GBV Case Type

Acts of lasciviousness
Rape

Nature of the case: The accused, who is the adopted son of the victim’s neighbor and was left under the care of the victim's mother has sexually abused the victim against her will in three (3) different instances and during her tender age as she was only 9 years old when the sexual abuse occurred. The accused was then charged with the crime of rape and acts of lasciviousness. The accused had alibi but the Court was not persuaded. Accordingly, he was found guilty beyond reasonable doubt of two counts of rape as defined under Article 266-A (l)(d) and penalized under Article 266-B of the Revised Penal Code and Acts of Lasciviousness as defined under Article 336 of the Revised Penal Code in relation to, and penalized under Section 5(b), Article III of Republic Act No. 7610.

Summary of outcome

He is sentenced to suffer the following, viz:

For Criminal Case Nos. 2755-M-2005 and 2756-M-2005 (Two counts of rape): The offender is sentenced to suffer the penalty of imprisonment of reclusion perpetua and is ordered to pay the victim the increased amounts of P75,000.00 as civil indemnity; P75,000.00 as moral damages; and P75,000.00 as exemplary damages, all with interest at the rate of 6% per annum from the date of finality of the Decision until fully paid and
For Criminal Case No. 2757-M-2005 (Acts of Lasciviousness): He is sentenced to suffer indeterminate penalty of imprisonment of twelve (12) years, ten (10) months and twenty-one (21) days of reclusion temporal, as minimum, to fifteen (15) years, six (6) months and twenty (20) days of reclusion temporal, as maximum. He is further ordered to pay the victim the amounts of P20,000.00 as civil indemnity; P15,000.00 as moral damages; P15,000.00 as exemplary damages; and a fine of P15,000.00, all with interest at the rate of 6% per annum from the date of finality of the Decision until fully paid.

Observatory: Gender-Based Violence

Ponente: DEL CASTILLO, J.:

Long title: PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. AMANTE PADLAN Y LEONES @ BUTOG, ACCUSED-APPELLANT.

Geolocation 1

Latitude: 14.775064

Longitude: 120.998727

: Geolocation 1

Primary Documents

PADLAN .pdf
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