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perpetua. A qualifying or aggravating circumstance, if properly alleged and proven, might not have the effect of changing the term of imprisonment but it would, nevertheless, be material in determining the amount of pecuniary damages to be imposed. Thus, in view of the foregoing, we affirm the penalty imposed by the Court of Appeals which was reclusion perpetua for each conviction of simple rape. The award of moral damages in the amount P50,000.00 is likewise upheld. However, the award of civil indemnity should be reduced from P75,000.00 to P50,000.00 in line with jurisprudence.32 For the same reason, the award of exemplary damages should be increased from P25,000.00 to P30,000.00.33 Moreover, the amounts of damages thus awarded are subject further to interest of 6% per annum from the date of finality of this judgment until they are fully paid.34 WHEREFORE, premises considered, the Decision dated August 31, 2011 of the Court of Appeals in CA–G.R. CEB–CR.–H.C. No. 00335, affirming the conviction of appellant Mervin Gahi in Criminal Case Nos. 4202 and 4203, is hereby AFFIRMED with MODIFICATIONS that: (1) 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. No pronouncement as to costs. SO ORDERED. Sereno, C.J., (Chairperson), Bersamin, Villarama, Jr., and Reyes, JJ., concur. Endnotes: 1Rollo, pp. 4–33; penned by Associate Justice Ramon Paul L. Hernando with Associate Justices Edgardo L. de los Santos and Victoria Isabel A. Paredes, concurring. 2 CA rollo, pp. 26–42. The Court withholds the real name of the victim–survivor and uses fictitious initials instead to represent her. Likewise, the personal circumstances of the victims–survivors or any other information tending to establish or compromise their identities, as well as those of their immediate families or household members, are not to be disclosed. (See People v. Cabalquinto, 533 Phil. 703 [2006].) 3 4 Records, p. 16.

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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

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People v. Gahi

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