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G.R. No. 234841 - 17 - Decision WE CONCUR: Associate Justice ANDRE Asso RAMoN½:2.~HERNANDO Y~S, JR. ust1ce Associate Justice / H E N R I ~ B . INTING Associate Justice ATTESTATION I attest that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court's Division. ~ .PERALTA Associat Justice Chairperson, Third Division CERTIFICATION Pursuant to Section 13, Article VIII of the Constitution and the Division Chairperson's Attestation, I certify that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court's Division. (£1FIED rRUE COPY WI LF~;,:_?fi:1-. :;:e;~ Court 1 Divi::dk· of Third Division JUL O 5 2019

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Ramilo v. People

Jurisprudence

Case number: G.R. No. 234841

Division: PH Supreme Court Third Division

Date of decision: Jun 3, 2019

Year of decision: 2019

GBV Case Type

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

Nature of the case: The accused, with lewd design and by means of force, threat and intimidation and/or with grave abuse of parental authority did then and there willfully, unlawfully, knowingly and feloniously commit sexual abuse and lascivious conduct upon her daughter a twelve (12) year old minor in the City of Marikina by lying beside her then embracing her and inserting his fingers inside the victim’s genitalia. The crime is attended with the aggravating circumstance of relationship. The accused argued that the victim was heavily influenced by her older sister who openly despised their father. This shows motive on the part of the victim to fabricate the charges against the accused. The Court is unconvinced. According to the Court, settled is the rule that ill motives become inconsequential if there is an affirmative and credible declaration from the rape victim, which clearly establishes the liability of the accused. Hence, the Court found the accused guilty of Lascivious Conduct under Section 5(b), Article III of Republic Act No. 7610, and is sentenced to suffer the penalty of reclusion perpetua.

Summary of outcome: The offender is sentenced to suffer penalty of reclusion perpetua and to pay a fine of P15,000.00. He is further ordered to pay the victim, civil indemnity, moral damages and exemplary damages, each in the amount of P75,000.00. The fine, civil indemnity and damages so imposed are subject to interest at the rate of six percent (6%) per annum from the date of finality of the Decision until fully paid.

Observatory: Gender-Based Violence

Ponente: PERALTA, J.:

Long title: MANUEL BARALLAS RAMILO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

Geolocation 1

Latitude: 14.633163

Longitude: 121.098981

: Geolocation 1

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Manuel Barallas Ramilo.pdf
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Ramilo v. People

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