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Ruling of the Regional Trial Court After trial, the RTC rendered on December 9, 2010 its Consolidated Judgment finding appellant guilty beyond reasonable doubt of seven counts of rape and sentencing him to suffer the penalty of reclusion perpetua for each count. He was also ordered to pay the amount of P50,000.00 as civil indemnity and another P50,000.00 as moral damages for each crime. Ruling of the Court of Appeals The CA, in its Decision dated September 25, 2012, affirmed with modifications the RTC Consolidated Judgment in this wise: ACCORDINGLY, the Consolidated Judgment dated December 9, 2010 is AFFIRMED with MODIFICATION, as follows: 1. pronouncing appellant Noel Bejim y Romero guilty of qualified rape in Criminal Case Nos. 07-CR-67-65 and 07-CR-67-66 and liable for Php75,000.00 as civil indemnity, Php75,000.00 as moral damages and Php30,000.00 as exemplary damages for each count; 2. pronouncing appellant Noel Bejim y Romero guilty of statutory rape in Criminal Case No. 07-CR-67-67 and liable for Php75,000.00 as civil indemnity, Php75,000.00 as moral damages and Php30,000.00 as exemplary damages; and, 3. pronouncing appellant Noel Bejim y Romero guilty of statutory rape in Criminal Case Nos. 07-[CR]-67-68, 07-[CR]-67-69, 07[CR]-67-70, and 07-[CR]-67-71 and liable for Php75,000.00 as civil indemnity, Php75,000.00 as moral [damages] and Php30,000.00 as exemplary damages for each count. In Criminal Case Nos. 07-CR-67-65 and 07-CR-67-66 appellant shall not be qualified tor parole. SO ORDERED.[12] Appellant interposed before this Court the present recourse adopting the same argument he raised in his brief before the CA, viz.: The court a quo gravely erred in finding the accused-appellant guilty of the crime of rape despite the prosecution's failure to prove his guilt beyond reasonable doubt.[13]

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People v. Bejim

Jurisprudence

Case number: G.R. No. 208835

Division: PH Supreme Court First Division

Date of decision: Jan 19, 2018

Year of decision: 2018

GBV Case Type

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

Nature of the case: The accused who is the helper of victim CCC's father had a carnal knowledge with the latter while victim AAA and BBB was sexually abused by the accused by means of rubbing the latter's male genitalia with the two victims' private part in the Province of Benguet. Initially, the accused was charged before the RTC of La Trinidad, Benguet, with 7 counts of statutory rape under 7 separate informations. The offense charged concerning victims AAA and BBB was not proven by the prosecution as regards the actual penetration and thereby convicting the accused of Acts of Lasciviousness under Article 336 of the Revised Penal Code (RPC) in relation to Section 5 of Republic Act (RA) No. 7610. However, as to the crime committed by the accused against victim CCC, the former was convicted of Statutory Rape in accordance with Article 266-B of the RPC, as amended, in relation to Section 5(b), Article III of RA 7610.

Summary of outcome

The accused is found guilty of Acts of Lasciviousness under Article 336 of the Revised Penal Code (RPC) in relation to Section 5 of Republic Act (RA) No. 7610 and Statutory Rape in accordance with Article 266-B of the RPC, as amended, in relation to Section 5(b), Article III of RA 7610. He is sentenced to suffer the following, viz:

Indeterminate prison term of thirteen (13) years, nine (9) months and ten (10) days of reclusion temporal minimum, as minimum, to sixteen (16) years, five (5) months and nine (9) days of reclusion temporal medium, as maximum and to pay the victims he amounts of Php20,000.00 as civil indemnity, Php15,000.00 as moral damages, Php15,000.00 as exemplary damages, and Php15,000.00 as fine, for each count of acts of lasciviousness; and
Imprisonment of reclusion perpetua for each count and ordered to pay the offended party the amounts of Php75,000.00 as civil indemnity, Php75,000.00 as moral damages and Php75,000.00 as exemplary damages for each count of rape all of which shall have 6% interest per annum from the date of finality of this judgment until fully paid.

Observatory: Gender-Based Violence

Ponente: DEL CASTILLO, J.:

Long title: PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. NOEL BEJIM Y ROMERO, ACCUSED-APPELLANT.

Geolocation 1

Latitude: 16.46243

Longitude: 120.587831

: Geolocation 1

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People v. Bejim

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