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FIRST DIVISION G.R. No. 202976, February 19, 2014 PEOPLE OF THE PHILIPPINES, Plaintiff–Appellee, v. MERVIN GAHI, Accused– Appellant. DECISION LEONARDO–DE CASTRO, J.: This is an appeal from a Decision1 dated August 31, 2011 of the Court of Appeals in CA–G.R. CEB–CR.–H.C. No. 00335, entitled People of the Philippines v. Mervin Gahi, which affirmed the Decision2 dated April 22, 2005 of the Regional Trial Court of Carigara, Leyte, Branch 13 in Criminal Case Nos. 4202 and 4203. The trial court convicted appellant Mervin Gahi of two counts of rape defined under Article 266–A of the Revised Penal Code. The accusatory portions of the two criminal Informations, both dated October 9, 2002, each charging appellant with one count of rape are reproduced below: [Criminal Case No. 4202] chanRoblesvi rtua lLawl ibra ry That on or about the 11th day of March, 2002, in the Municipality of Capoocan, Province of Leyte, Philippines and within the jurisdiction of this Honorable Court, the above– named accused, with deliberate intent and with lewd designs and by use of force and intimidation, armed with a knife, did then and there willfully, unlawfully and feloniously had carnal knowledge with (sic) [AAA3 ] against her will and a 16[–]year old girl, to her damage and prejudice.4 [Criminal Case No. 4203] That on or about the 12th day of March, 2002, in the Municipality of Capoocan, Province of Leyte, Philippines and within the jurisdiction of this Honorable Court, the above– named accused, with deliberate intent and with lewd designs and by use of force and intimidation, armed with a knife, did then and there willfully, unlawfully and feloniously had carnal knowledge with (sic) [AAA] against her will and a 16[–]year old girl, to her damage and prejudice.5 ChanRobles Vi rtualaw lib rary When he was arraigned on November 4, 2002, appellant pleaded “NOT GUILTY” to the charges leveled against him.6 Thereupon, the prosecution and the defense presented their evidence. The pertinent facts of this case were synthesized by the Court of Appeals and presented in the assailed August 31, 2011 Decision in this manner: The Prosecution’s Story chanRoblesvi rtua lLawl ibra ry The following witnesses were presented by the prosecution, who testified, as follows:

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People v. Gahi

Jurisprudence

Case number: G.R. No. 202976

Division: PH Supreme Court First Division

Date of decision: Feb 19, 2014

Year of decision: 2014

GBV Case Type

Child Rape
Minor
Rape

Nature of the case: The accused used force or intimidation in order to successfully have unlawful carnal knowledge of the victim, a 16 years of age young girl. The accused is alleged to have utilized, on two occasions, a knife and the threat of bodily harm to coerce the victim into submitting to his evil sexual desires. The accused argued that he could not have possibly been guilty of rape because the time period between the rape incidents and the birth of the alleged fruit of his crime is more than the normal period of pregnancy. He also points out that defense witness Jackie Gucela’s admission that he was victim’s lover and the father of her child should suffice to negate any notion that he raped the victim twice. Lastly, he puts forward the defense of alibi. The Court is not impressed. Hence, he is found guilty beyond reasonable doubt of two (2) counts of rape and is sentenced to suffer the penalty of reclusion perpetua for each count.

Summary of outcome

The accused is found guilty beyond reasonable doubt of two (2) counts of rape and is sentenced to suffer the penalty of reclusion perpetua for each count.

The penalty of reclusion perpetua for each count is hereby imposed upon the accused.

The civil indemnity to be paid by appellant Mervin Gahi is decreased from Seventy–Five Thousand Pesos (P75,000.00) to Fifty Thousand Pesos (P50,000.00);

(2) The exemplary damages to be paid by appellant Mervin Gahi is increased from Twenty–Five Thousand Pesos (P25,000.00) to Thirty Thousand Pesos (P30,000.00); and

(3) Appellant Mervin Gahi is ordered to pay the private offended party interest on all damages at the legal rate of six percent (6%) per annum from the date of finality of this judgment.

Observatory: Gender-Based Violence

Ponente: LEONARDO–DE CASTRO, J.

Long title: PEOPLE OF THE PHILIPPINES, Plaintiff–Appellee, v. MERVIN GAHI, Accused–Appellant.

Geolocation 1

Latitude: 11.236597

Longitude: 124.626571

: Geolocation 1

Primary Documents

GAHI.pdf
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