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Trial Court (RTC), Branch 11 in Ligao City, Albay, on January 23, 2013, rendered its Judgment[9] finding petitioner guilty beyond reasonable doubt of the crime charged. The dispositive portion of the judgment reads:[10] WHEREFORE, in the light of the foregoing, judgment is hereby rendered: 1. Finding the accused, EDUARDO QUIMVEL Y BRAGA a.k.a. EDWARD/EDUARDO QUIMUEL Y BRAGA, GUILTY beyond reasonable doubt of the crime of Acts of Lasciviousness in relation to Section 5 (b), Article III of R.A. 7610 and thereby sentenced him to suffer the penalty of imprisonment from FOURTEEN (14) YEARS, EIGHT (8) MONTHS and ONE (1) DAY of Reclusion Temporal in its medium period as minimum to FIFTEEN (15) YEARS, SIX (6) MONTHS and NINETEEN (19) DAYS of Reclusion Temporal in its medium period as maximum; and 2. ORDERING the accused, EDUARDO QUIMVEL Y BRAGA a.k.a. EDWARD/EDUARDO QUIMUEL Y BRAGA, to pay the victim the amount of P30,000.00 as moral damages and to pay a fine in the amount of P30,000.00. In the service of his sentence, accused EDUARDO QUIMVEL Y BRAGA a.k.a. EDWARD/EDUARDO QUIMVEL Y BRAGA shall be credited with the period of his preventive detention pursuant to Article 29 of the Revised Penal Code. No costs. SO ORDERED. Ruling of the Appellate Court Thereafter, petitioner lodged an appeal with the CA but to no avail. For on May 29, 2014, the CA rendered its assailed Decision affirming, with modification, the Judgment of the trial court. The dispositive portion of the Decision provides:[11] WHEREFORE, the Decision dated 23 January 2013 of the Regional Trial Court, Fifth Judicial Region, Ligao City Branch II, in Criminal Case No. 5530, is hereby MODIFIED in that accused-appellant EDUARDO QUIMVEL y BRAGA also known as EDUARDO/EDWARD QUIMUEL y BRAGA is ORDERED to pay the victim, AAA moral damages, exemplary damages and fine in the amount of P15,000.00 each as well as P20,000.00 as civil indemnity. All damages shall earn interest at the rate of six percent (6%) per annum from the date of finality of this judgment. SO ORDERED. The Issues Aggrieved, Quimvel elevated his case to this Court and raised the following issues for resolution:

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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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