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Decision G.R. No. 228223 -2- The Facts • Pendoy was indicted for the crime of Rape in an Infonnation3 dated April 7, 2006, filed before the Regional Trial Court, , Bohol (RTC) on May 9, 2006 and docketed therein as Criminal Case No. 1089. The accusatory portion of the said Information states: That on or about the 24 th day of January 2006, in the Municipality of _ , Province of _ , Philippines, acting as a Family Court, the above-named accused, with lewd design and with the use of force or intimidation, did then and there willfully, unlawfully and feloniously made one AAA, a sixteen (16)-year-old minor (born on December 11, 1989), lie down on the kitchen floor and remove her panty and insert his finger into her vagina and, thereafter, place himself on top of her and insert his erect penis into her vagina, thereby succeeding in having carnal knowledge with the said victim without her consent and against her will; to the damage and prejudice of the said offended party. Acts committed contrary to the provisions of Article 266-A(l) of the Revised Penal Code, as amended. Upon arraignment, Pendoy pleaded not guilty to the charge. After pretrial was terminated, trial on the merits followed. Evidence for the prosecution tends to show that AAA was the househelp of petitioner Pendoy, his wife and three children. On January 24, 2006 at about 6 o'clock in the evening, AAA was washing clothes near the kitchen inside the house of the Pendoys, wearing a black shirt and green maong shorts. The area was lighted with a yellow bulb. When AAA turned her back, she saw petitioner tum off the light. Petitioner then pulled her down, forced her and made her lie on the floor. He lowered her underwear and her shorts. He also removed her shirt and unhooked her brassiere. AAA pleaded for petitioner to desist from what he was doing by saying, "Don't Kuya." Petitioner did not heed her plea and instead kissed her on the cheeks, her lips, neck, and her breast. Pendoy inserted his finger into her vagina. Thereafter, he mounted her and inserted his penis into her vagina. AAA was crying throughout this ordeal and she was not able to move as petitioner was holding her hands down. She was afraid of petitioner since prior to this incident, she heard from a neighbor that petitioner had killed someone in the past. Petitioner withdrew his penis from AAA's vagina and something came out from his penis. Petitioner went out of the house after committing the dastardly act. tr Records, pp. 20-21.

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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

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Latitude: 9.622385

Longitude: 123.913491

: Geolocation 1

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Pendoy v. CA

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