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THIRD DIVISION [ G.R. No. 214882, October 16, 2019 ] THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. BERNABE EULALIO Y ALEJO, ACCUSED-APPELLANT. DECISION HERNANDO, J.: On appeal is the April 15, 2014 Decision[1] rendered by the Court of Appeals (CA) in CA-G.R. CR HC No. 05924 affirming the ruling[2] of the Regional Trial Court (RTC) of Malabon City, Branch 169 in Criminal Case Nos. 31438-MN and 31439-MN convicting accused-appellant Bernabe Eulalio y Alejo (Eulalio) of rape and acts of lasciviousness. The Antecedents: Accused-appellant Eulalio is appealing his conviction for the crimes of rape and acts of lasciviousness, arguing that his guilt has not been proven beyond reasonable doubt. The pertinent facts are as follows: Sometime in August 2004, 11-year-old AAA[3] was playing in the street when Eulalio summoned her to his house. When AAA refused, Eulalio threatened AAA that he would kidnap one of her siblings. Gripped with fear, AAA went along with Eulalio. Upon reaching Eulalio's house, the latter brought AAA inside a room and started to undress her. When AAA resisted, Eulalio again threatened to kidnap her sibling. Eulalio then proceeded to undress himself and while standing, rubbed his genitalia against AAA's and kissed her. Eulalio then told AAA to lie down on the bed, forcibly spread her legs apart and inserted his penis into her vagina. Eulalio covered AAA's mouth to prevent her from shouting. After he was done, Eulalio instructed AAA to put her clothes back on and sent her home. AAA did not reveal the incident to anyone in view of the threats of Eulalio.

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People v. Eulalio

Jurisprudence

Case number: G.R. No. 214882

Division: PH Supreme Court Third Division

Date of decision: Oct 16, 2019

Year of decision: 2019

GBV Case Type

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

Nature of the case: In the fear that her siblings will be kidnapped by the accused, the 11-year-old victim went along the house of the accused in the City of Malabon and there she was sexually molested by the accused by means of rubbing of the latter's private organ to her genitalia and kissed the former. The accused eventually inserted his genitalia to the victim's. Two (2) separate informations were filed charging the accused with rape in relation to RA 7610. The Court finds the accused guilty of statutory rape and acts of lasciviousness although charged with rape as according to the Court, following the "variance doctrine" of The Rules on Criminal Procedure.

Summary of outcome

He is sentenced to suffer the following, viz:

For Criminal Case No. 31438-MN (Statutory Rape): He is sentenced to reclusion perpetua and its accessory penalties. He is likewise ORDERED to pay the victim in addition to the costs of the suit, the following amounts, to wit: (i) PhP 75,000.00 as civil indemnity; (ii) PhP 75,000.00 as moral damages; and (iii) PhP 75,000.00 as exemplary damages; and
For Criminal Case No. 31439-MN (Acts of Lasciviousness): sentenced to twelve (12) years and one (1) day of reclusion temporal minimum, as minimum, to fifteen (15) years, six (6) months and twenty (20) days of reclusion temporal medium, as maximum, and its accessory penalties. He is likewise ORDERED to pay the victim in addition to the costs of the suit, the following amounts, to wit: (i) PhP 50,000.00 as civil indemnity; (ii) PhP 50,000.00 as moral damages; (iii) PhP 50,000.00 as exemplary damages; and (iv) PhP 15,000.00 as fine, all amounts due shall earn a legal interest of six percent (6%) per annum from the date of finality of the Decision until full payment.

Observatory: Gender-Based Violence

Ponente: HERNANDO, J.:

Long title: THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. BERNABE EULALIO Y ALEJO, ACCUSED-APPELLANT.

Geolocation 1

Latitude: 14.65782

Longitude: 120.950724

: Geolocation 1

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