Previous 2 / 15 Next

Criminal Case No. 2756-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 27th day of September, 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 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.[5] Criminal Case No. 2757-M-2005 The undersigned Asst. Provincial Prosecutor accuses Amante Padlan y Leones @ Butog of the crime of Acts of Lasciviousness penalized under the provisions of Art. 336 of the Revised Penal Code in relation to R.A. 7610, Sec. 5 (b), committed as follows: That on or about the 28th day of September, 2005, in the municipality of Meycauayan, province of Bulacan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, by means of force and intimidation, did then and there willfully, unlawfully and feloniously, with lewd designs, commit acts of lasciviousness upon the person of "AAA," a nine (9) year old minor, by touching her vagina and against her will, thereby badly affecting the psychological and emotional well being of said "AAA". Contrary to law.[6] When arraigned on October 24, 2005, Padlan pleaded not guilty to all the offenses charged against him. After the pre-trial conference, trial on the merits followed. During trial, the prosecution presented the testimonies of "AAA" and her mother, "BBB," while the defense presented Padlan. Version of the Prosecution "AAA" is a nine-year old girl from Meycauayan, Bulacan. She testified that on August 7, 2005, at about 1:00 p.m., while she was sleeping inside their house, she was surprised when Padlan woke her up and asked her to stand up. "AAA" stood up as she was told. Padlan then touched her vagina and continued caressing it until he

Select target paragraph3

● ● ●

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
english
Download View