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2. Statutory Rape in Criminal Case Nos. 07-CR-6768 and 07-CR-6771 and sentenced to suffer the penalty 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. Appellant is ORDERED to pay the offended parties interest on all damages awarded at the legal rate of 6% per annum from the date of finality of this judgment until fully paid. SO ORDERED. Sereno, C.J., (Chairperson), Leonardo-De Castro, Bersamin,[*] and Tijam, JJ., concur. Per raffle dated October 18, 2017 vice Justice Francis H. Jardeleza who recused due to prior participation as Solicitor General. [*] CA rollo, pp. 148-185; penned by Associate Justice Amy C. Lazaro-Javier and concurred in by Associate Justices Mariflor P. Punzalan-Castillo and Edwin D. Sorongon. [1] Records (Criminal Case No. 07-CR-6765), pp. 205-221; penned by Judge Francis A. Buliyat, Sr. [2] "The identity of the victim or any information which could establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to Republic Act No. 7610, An Act Providing for Stronger Deterrence And Special Protection Against Child Abuse, Exploitation And Discrimination, And for Other Purposes; Republic Act No. 9262, An Act Defining Violence Against Women And Their Children, Providing For Protective Measures For Victims, Prescribing Penalties Therefor, And for Other Purposes; and Section 40 of A.M. No. 04-10-11-SC, known as the Rule on Violence against Women and Their Children, effective November 5, 2004." People v. Dumadag, G.R. No. 176740, June 22, 2011, 652 SCRA 535, 538-539. [3] [4] Records (Criminal Case No. 07-CR-6765), p. 1. [5] Records (Criminal Case No. 07-CR-6766), p. 1. [6] Records (Criminal Case No. 07-CR-6767). p. 1. [7] Records (Criminal Case No. 07-CR-6768), p. 1.

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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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