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JJ., concur. Carpio, J., See Dissenting Opinion. Peralta, J., See Separate Opinion. Del Castillo, J., I join J. Carpio's and J. Caguioa's Dissenting Opinion. Perlas Bernabe, J., Please see Concurring Opinion. Leonen, J., See Separate Opinion. Jardeleza, J., no part. Caguioa, J., See Dissenting Opinion. NOTICE OF JUDGMENT Sirs/Mesdames: Please take notice that on April 18, 2017 a Decision/Resolution, copy attached herewith, was rendered by the Supreme Court in the above-entitled case, the original of which was received by this Office on May 26, 2017 at 9:30 a.m. Very truly yours, (SGD) FELIPA G. BORLONGANANAMA Clerk of Court Rollo, pp. 29-40. Penned by Associate Justice Japar B. Dimaampao and concurred in by Associate Justices Elihu A. Ybañez and Cannelita S. Manahan. [1] [2] Id. at 42-43. Entitled People of the Philippines v. Eduardo Quimvel y Braga a.ka. Eduardo/Edward Quimuel y Braga. [3] [4] With modification as to the amount of damages. AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES. [5] [6] Rollo, p. 65.

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Braga v. People

Jurisprudence

Case number: G.R. No. 214497

Date of decision: Apr 18, 2017

Year of decision: 2017

GBV Case Type

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

Nature of the case: A 7 years old girl who is the oldest child, belongs to the Girl-Children Sector was forced and intimated by the accused with lewd design who is the caretaker of the ducks of the victim’s grandfather after asking the latter to accompany the former and her other siblings as they were afraid because there was no electricity during the occurrence of the incident in the victim's house in Palapas, Ligao City, Albay. In her sleep, she was suddenly awakened when she felt that the accused's right leg was on top of her body and likewise sensed that the accused's right finger was being inserted inside her panty and in trice, she felt the accused was caressing her private part. The accused was convicted for the crime of Acts of Lasciviousness (Violation of Art. 366 of the Revised Penal Code in relation to Section 5(b), Article III of Republic Act No. 7610).

Summary of outcome

The accused is convicted and is sentenced to suffer the following penalties:

Indeterminate imprisonment of 12 years and 1 day of reclusion temporal in its minimum period as minimum to 15 years, 6 months and 21 days of reclusion temporal in its medium period as maxium; and
Pay the victim moral damage, exemplary damages and fine in the amount of P 15,000.00 each as well as P 20,000.00 as civil indemnity all of which shall earn an interest of 6% per annum from the finality of the decision.

Observatory: Gender-Based Violence

Ponente: VELASCO JR., J.:

Long title: EDUARDO QUIMVEL Y BRAGA, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

Geolocation 1

Latitude: 13.1928

Longitude: 123.4748

: Geolocation 1

Primary Documents

G.R. No. 214497, April 18, 2017.pdf
English
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Commission on Human Rights

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Braga v. People

Primary Documents

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