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Decision - 11 - G.R. No. 228223 expected to act within reason or in accordance with society's expectations. It is unreasonable to demand a standard rational reaction to an irrational experience, especially from a young victim,2 1 as AAA. Seemingly, AAA tried to cope with the traumatic experience that befell her by opting not to dwell on it and act as if it never occurred. Naivete is not equivalent to consensual sex and cannot erase the rape committed by Pendoy against AAA. Petitioner's denial must be rejected as the same could not prevail over AAA's unwavering testimony and of her positive and firm identification of him as the perpetrator. As negative evidence, it pales in comparison with a positive testimony that asserts the commission of a crime and the identification of the accused as its culprit. 22 The defense of alibi is, likewise, unavailing. In order that alibi might prosper, it is not enough to prove that the accused has been somewhere else during the commission of the crime; it must also be shown that it would have been impossible for him to be anywhere within the vicinity of the crime scene. 23 Pendoy miserably failed to discharge this burden. Apart from Pendoy's allegation, no competent and independent evidence was proffered to corroborate his claimed whereabouts at around 6 o'clock in the evening of January 24, 2006 and more importantly, that it was physically impossible for him to be at his house at the time the crime of rape was committed. We find that the testimonies of the defense witnesses are inadequate to validate the averments of the petitioner. Given the positive identification by AAA of Pendoy as the culprit, and the failure to establish physical impossibility of said petitioner to be at the scene of the crime at the time of its commission, his defenses of denial and alibi must fail. Having ascertained the guilt of Pendoy for the crime of Rape beyond reasonable doubt, the Court shall now proceed to determine whether it is correct to likewise convict him of rape by sexual assault. The Court observes that albeit the April 7, 2006 Information designated the offense charged as one of Rape under Article 266-A(l)(a) of the RPC, a perusal of the allegations therein would clearly show that Pendoy was actually charged with two offenses. Petitioner was charged with having carnal knowledge of AAA, employing force or intimidation, under paragraph l(a) of Article 266-A. The Information also charged Pendoy with committing sexual assault by inserting his finger into the private part of AAA under the second paragraph of Article 266-A. It is undisputed that at the time of the commission of the sexual abuse, AAA was sixteen (16) years old as duly proved by her Certificate of Live Birth. # 21 22 23 People v. Bia/a, 773 Phil. 464, 482(2015). People v. Canares, 599 Phil. 60, 76 (2009). People v. Abella, 624 Phil. 18, 36 (20 I 0).

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Pendoy v. CA

Jurisprudence

Case number: G.R. No. 228223

Division: PH Supreme Court Third Division

Date of decision: Jun 10, 2019

Year of decision: 2019

GBV Case Type

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

Nature of the case: The victim, a sixteen (16)-year-old minor who is the househelp of the accused was sexually molested by the accused by means of inserting his finger to the genitalia of the victim and, thereafter, place himself on top of her and insert his genitalia to the victim's, thereby succeeding in having carnal knowledge with the said victim without her consent and against her will in Baclayon, Bohol. The accused on the other hand, posited that the prosecution evidence failed to overcome his constitutional presumption of innocence. He maintains that the prosecution failed to establish that force, threat or intimidation was exerted upon the victim in the alleged commission of the sexual congress with the latter. The Court is convinced that the accused had employed force to subjugate victim’s will. It bears stressing that force need not be irresistible or of such character that it could not be repelled; all that is necessary is that the force used by the accused is sufficient to consummate his evil purpose, or that it was successfully used. It appears that victim later submitted to the accused’s lust out of fear of him because she earlier learned from a neighbor that he had killed someone in the past. She just cried silently. Indeed, the prosecution had amply proved the absence of victim’s consent to the sexual congress. Hence, the accused is convicted for the crimes of Rape and Lascivious Conduct under Section 5(b) of R.A. No. 7610.

Summary of outcome: He is sentenced to suffer the following, viz:

For Rape: he is sentenced to suffer the penalty of Reclusion Perpetua and ordered to pay the victim the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages and P75,000.00 by way of exemplary damages; and

For Lascivious Conduct: he is sentenced to suffer the indeterminate penalty of fourteen (14) years and eight (8) months of reclusion temporal, as minimum, to seventeen (17) years, four (4) months and one (1) day of reclusion temporal, as maximum and ordered to pay the victim the amounts of P50,000.00 as civil indemnity, P50,000.00 as moral damages and P50,000.00 as exemplary damages. All damages awarded shall be subject to interest at the rate of six percent (6%) per annum from the finality of the Decision until its full satisfaction

Observatory: Gender-Based Violence

Ponente: PERALTA, J.:

Long title: ROEL PENDOY Y POSADAS, PETITIONER, VS. HON. COURT OF APPEALS (18TH DIVISION) - CEBU CITY; THE HON. DIONISIO CALIBO, JR., PRESIDING JUDGE OF BRANCH 50, REGIONAL TRIAL COURT OF LOAY, BOHOL; AND THE PEOPLE OF THE PHILIPPINES, RESPONDENTS.DECISION

Geolocation 1

Latitude: 9.622385

Longitude: 123.913491

: Geolocation 1

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Pendoy v. CA

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