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Q: It did nof touch your vagina? A: His penis touched my vagina. Q: Now, you said he was trying to insert his penis into your vagina, what motion did he do, if any? A: He was hard up. Q: Did you feel his penis? A: Yes, your Honor. Q: You felt it in your vagina? A: Yes, your Honor.[43] "CCC' continued further in narrating the incident of rape allegedly committed in the first week of October 2001 (Criminal Case No. 07-CR-6771) as follows: Q: And after putting cooking oil [on] your vagina and [on] his penis, what did he do next? A: He tried again to put his penis [into] my vagina but he failed again. Q: Did you feel his penis into your vagina? A: Yes, sir. Q: Now, why did you say he failed? A: It was not inserted enough. Q: Do you know of any reason why it was not inserted enough into your vagina? A: Because his penis is big.[44] Based on the foregoing narration, the Court is convinced that in Criminal Case Nos. 07-CR-6768 and 07-CR-6771, there was a slight penetration on "CCC's" genitalia. "CCC'' positively testified that appellant's penis indeed touched her vagina. That appellant's penis was not inserted enough only indicates that he was able to penetrate her even partially. Anyway, complete penetration is not required to consummate the crime of rape. "Full penile penetration is not a consummating ingredient in the crime of rape."[45] Thus, from the testimonial account of '"CCC," the Court could reasonably conclude that there was indeed carnal knowledge by appellant of the victim "CCC." We therefore sustain the CA in finding appellant guilty of statutory rape in Criminal Case Nos. 07-CR-6768 and 07-CR-6771, the only elements of which are "(1) that the offender had carnal knowledge of a woman; and (2) that such woman is under 12 years of age or is demented."[46]

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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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