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Q: What did he do? A: He again tried to put his penis into my vagina. Q: Did you feel his penis into your vagina? A: Yes, your Honor. Q: And what happened when he was trying to insert his penis into your vagina? A: Sir, it failed. Q: What do you mean it failed? A: It did not enter, it cannot enter. He was hard up inserting his penis. Q: Why? A: Because his penis is big.[40] As to the rape allegedly committed in the last week of October 2001 (Criminal Case No. 07-CR-6770) "CCC's” pertinent testimony is as follows: Q: And after he removed your clothes, what did he do next? A: He again tried to insert it [into] my vagina, sir. xxxx Q: Did you feel his penis in your vagina? A: Yes, your Honor. Q: What did you feel? A: He was trying to insert his penis into my vagina, your Honor and I felt pain. Q: What caused that pain? A: His penis is big.[41] We find no compelling reason why we should not apply our earlier ratiocination in Criminal Case Nos. 07-CR-6765, 07-CR-6766 and 07-CR-6767 to the incidents committed on "CCC" sometime in October 2001. In Criminal Case No. 07-CR-6769, "CCC'' categorically testified that appellant failed to insert his penis into her vagina because it is big. Similarly, in Criminal Case No. 07-CR-6770, "CCC" revealed that she felt pain when appellant was trying to insert his penis into her vagina because it is big. Significantly, however, we could not discern from her testimony that there was penile penetration even only in the slightest degree. To conclude that there

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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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