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felt pain in her vagina. Appellant immediately stood up; fixed his clothes and ran away upon seeing the arrival of ''BBB's" cousins, "DDD'' and ''EEE." "BBB'' told her cousins that they were sexually molested appellant but warned them not to tell anybody because if they do appellant would kill them. Criminal Case No. 07-CR-6768 '"CCC" knew appellant because he was the helper of her father and lived with them in their house. In the first week of September 2001, while she and her cousin "BBB" were playing inside their house, appellant closed all the windows and doors, made her lie on the sofa, lowered her pants and underwear down to her ankle, and put cooking oil on his penis and on her vagina. "BBB" saw appellant's penis penetrating "CCC's" vagina. When appellant saw "CCC's" two sisters "DDD" and "EEE" arrive, he went out of the house. Criminal Case No. 07-CR-6769 In the second week of October 2001, appellant laid ''CCC” on the kitchen table, removed her pants, put cooking oil on his penis and her vagina and tried to penetrate it but was unsuccessful. Criminal Case No. 07-CR-6770 In the last week of October 2001, while "CCC" was sleeping in her sister's bedroom, appellant came and removed her clothes, mounted her and tried to insert his penis but he failed, albeit she felt his big penis. "CCC" did not tell her father of what happened because of appellant's threat. Criminal Case No. 07-CR-6771 Sometime in the first week of October 2001 and while inside "'CCC's" house, appellant laid "CCC" on the sofa, put cooking oil on her vagina and his penis. He tried to insert his penis into her vagina but failed. Thereafter, appellant went outside. "CCC" did not tell anyone about the incident because of appellant's threat to kill her and her family. "AAA,'' ''BBB" and "CCC" were physically examined by Dra. Bernadette Valdez (Dra. Valdez). The result of her examination which was reduced into writing[11] shows no evident injury at the time of her examination though her medical evaluation does not exclude possible sexual abuse. Appellant denied the accusations against him claiming that he was not in the house of "CCC" when the alleged incidents happened in 2001.

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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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