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SECOND DIVISION G.R. No. 228887, August 02, 2017 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DOMINADOR UDTOHAN Y JOSE, Accused-Appellant. DECISION MENDOZA, J.: On appeal is the May 30, 2016 Decision1 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 06944, which affirmed the June 26, 2014 Decision2 of the Regional Trial Court, Branch 69, Taguig City (RTC) in Criminal Case Nos. 146314-15, finding accusedappellant Dominador Udtohan y Jose (accused-appellant) guilty beyond reasonable doubt of the crimes of Statutory Rape under Article 266-A (1) (d) of the Revised Penal Code (RPC) and Violation of Section 5 (b) of Republic Act (R.A.) No. 7610. In two (2) Informations,3 dated September 13, 2011, accused-appellant was charged as follows: CRIMINAL CASE NO. 146314 That, in the month of April 2011, in the City of Taguig, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, being then the paternal uncle of AAA, a minor, 11 years old, by means of violence and intimidation and with lewd designs and intent to gratify his sexual desire, did, then and there wilfully, unlawfully and feloniously have sexual intercourse with said victim against her will and consent, to her damages and prejudice. CONTRARY TO LAW. CRIMINAL CASE NO. 146315 That, on or about the 11th day of September 2011, in the City of Taguig, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, being then the paternal uncle of AAA, a minor, 11 years old, by means of violence and intimidation and with lewd designs and with intent to gratify his sexual desire, did, then and there wilfully, unlawfully and feloniously commit lascivious conduct with said victim, against her will and consent, by then and there inserting his finger inside her vagina, which are acts prejudicial to the normal growth and development as a child. CONTRARY TO LAW.4 On October 18, 2011, accused-appellant was arraigned and he pleaded "not guilty." Thereafter, trial ensued. Evidence of the Prosecution The testimonies of the prosecution's witnesses tended to establish that AAA, who was

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People v. Udtohan

Jurisprudence

Case number: G.R. No. 228887

Division: PH Supreme Court Second Division

Date of decision: Aug 2, 2017

Year of decision: 2017

GBV Case Type

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

Nature of the case: The victim, 11 years of age suffered sexual abuses at the hands of accused, her own uncle. After satisfying his lust, accused warned her not to relate the incident to anybody, otherwise, he would evict her family and he would kill her. Evidently, accused used threats and intimidation against the victim, which caused her to suffer silently in fear until she finally disclosed her ordeal to her teacher. The Court does not give credence to accused's argument that the victim’s testimony was incredible because there were inconsistent statements regarding the frequency of the abuses. Testimonies of rape victims who are young and of tender age are credible. The revelation of an innocent child whose chastity was abused deserves full credence. The victim testified positively that he also sexually molested her. Thus, the accused was found guilty by the court beyond reasonable doubt of QUALIFIED RAPE under Article 266-A (1) (d) and penalized under Article 266-B of the Revised Penal Code and ACTS OF LASCIVIOUSNESS under Article 336 of the Revised Penal Code and penalized under Section 5 (b), Article III of R.A. No. 7610.

Summary of outcome

He is sentenced to suffer the following, viz:

For Criminal Case No. 146314 (Qualified Rape): The court sentenced him to suffer the penalty of reclusion perpetua, without eligibility for parole; and to pay victim the amounts of P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages; and

For Criminal Case No. 146315 (Acts of Lasciviousness): He is sentenced to suffer he penalty of 12 years and 1 day of reclusion temporal in its minimum period, as minimum, to 16 years, 5 months and 10 days of reclusion temporal in its medium period, as maximum; and to pay the victim the amounts of P20,000.00 as civil indemnity, P15,000.00 as moral damages, and P15,000.00 as exemplary damages. The amounts of damages awarded shall earn interest at the rate of 6% per annum from the date of finality of judgment until fully paid.

Observatory: Gender-Based Violence

Ponente: MENDOZA, J.:

Long title: PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. DOMINADOR UDTOHAN Y JOSE, ACCUSED-APPELLANT.DECISION

Geolocation 1

Latitude: 14.529203

Longitude: 121.069889

: Geolocation 1

Primary Documents

UDTOHAN.pdf
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