Previous 10 / 19 Next

(1) That the offender commits an act of sexual assault; (2) That the act of sexual assault is committed by any of the following means: (a) By inserting his penis into another person's mouth or anal orifice; or (b) By inserting any instrument or object into the genital or anal orifice of another person; (3) That the act of sexual assault is accomplished under any of the following circumstances: (a) By using force and intimidation; (b) When the woman is deprived of reason or otherwise unconscious; or (c) By means of fraudulent machination or grave abuse of authority; or (d) When the woman is under 12 years of age or demented.[36] (emphasis supplied) All the foregoing elements were met beyond reasonable doubt. Accused-appellant inserted his finger into the vagina of BBB, a child under 12 years of age at the time of the incident, viz: [Fiscal Escudero] You mentioned a while ago Madam Witness that there were two separate occasions that you were raped by your Lolo Rolando Bagsic, when was the second time? [BBB] April 18, 2009 sir. Q: What time was that? A: 5:00 in the morning sir. Q: On April 18, 2009 at around 5:00 in the morning, what were you doing then Madam Witness? A: I was sleeping sir. xxxx

Select target paragraph3

● ● ●

People v. Bagsic

Jurisprudence

Case number: G.R. No. 218404

Division: PH Supreme Court Third Division

Date of decision: Dec 13, 2017

Year of decision: 2017

GBV Case Type

Child Abuse (R.A. 7610)
Child Rape
Minor
Rape
Sexual Assault
Statutory Rape

Nature of the case: The accused who is the common law spouse of the victim's maternal grandmother with lewd design, committed a lascivious conduct on the person of a 12 years old girl by mashing the latter's breast against her will, felonious inserted the former's finger into the female genitalia of an 8 years old girl (sexual assault) and felonious had sexual intercourse with an 8 years old girl in San Jose City, Nueva Ecija. Consequently, 3 separate informations were filed before the RTC charging the accused with one (1) count of statutory rape 1 count of rape by sexual assault, and one (1) count of violation of Section 5 (b) of Republic Act No. 7610 (R.A. No. 7610). The accused was later convicted for statutory rape and sexual assault. As regards the crime of 1 count of violation of Section 5 (b) of RA No. 7610 the accused was acquitted for failure of the prosecution to sufficiently establish the identity of the perpetrator.

Summary of outcome

The accused was later convicted for statutory rape and sexual assault. As regards the crime of 1 count of violation of Section 5 (b) of RA No. 7610 the accused was acquitted for failure of the prosecution to sufficiently establish the identity of the perpetrator. He is sentenced to suffer the following, viz:

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 and to pay the victim the amounts of P75,000.00 as civil indemnity, 75,000.00 as moral damages, and P75,000.00 as exemplary damages; and 2. Imprisonment of reclusion perpetua and to pay BBB the amounts of 75,000.00 as civil indemnity, 75,000.00 as moral damages, and P75,000.00 as exemplary damages and all damages awarded shall have an interest of 6% per annum from the finality of the decision until fully paid.

Observatory: Gender-Based Violence

Ponente: MARTIRES, J.:

Long title: PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. ROLANDO BAGSIC Y VALENZUELA, ACCUSED-APPELLANT.

Geolocation 1

Latitude: 15.792419

Longitude: 120.989007

: Geolocation 1

Primary Documents

BAGSIC.pdf
English
Download View

Commission on Human Rights

Select target paragraph3

People v. Bagsic

Primary Documents

Notifications