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in view of the recent pronouncement in People v. Tulagan.[48] Likewise, a fine in the amount of PhP 15,000.00 is imposed.[49] Additionally, the said monetary awards should earn a legal interest of 6% per annum from the date of the finality of this Decision until fully paid. In conclusion, We hereby affirm Eulalio's conviction for one count of statutory rape and one count of acts of lasciviousness. However, the penalties and monetary awards should be modified to conform to recent jurisprudence. WHEREFORE, the instant appeal is hereby DISMISSED. The assailed April 15, 2014 Decision rendered by the Court of Appeals in CA-G.R. CR HC No. 05924, is hereby AFFIRMED with MODIFICATIONS. In Criminal Case No. 31438-MN, accused-appellant Bernabe A. Eulalio is held GUILTY of statutory rape under Article 266-A of the Revised Penal Code as amended by Republic Act No. 8353 and is hereby sentenced to reclusion perpetua and its accessory penalties. He is likewise ORDERED to pay the victim AAA 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. In Criminal Case No. 31439-MN, accused-appellant Bernabe A. Eulalio is held GUILTY of acts of lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5(b) of Republic Act No. 7610 and is hereby 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 AAA 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 this Decision until full payment. SO ORDERED. Peralta (Chairperson), A. Reyes, Jr., and Carandang,[*] JJ., concur. Leonen, J., on official leave. November 6, 2019

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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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People v. Eulalio

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