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[9] See G.R. No. 218809, August 3, 2016. See id., citing People v. Bayotas, G.R. No. 102007, September 2, 1994, 236 SCRA 239, 255-256. [10] [11] See id.; citations omitted. Source: Supreme Court E-Library This page was dynamically generated by the E-Library Content Management System (E-LibCMS)

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People v. Layag

Jurisprudence

Case number: G.R. No. 214875

Division: PH Supreme Court First Division

Date of decision: Oct 17, 2016

Year of decision: 2016

GBV Case Type

Acts of lasciviousness
Child Rape
Minor
Rape
Sexual Assault

Nature of the case: The accused taking advantage of his moral authority and ascendancy being the uncle of 16-year-old victim, by means of force, threats and intimidation, and with lewd design, intent to cause or gratify his sexual desires or abuse, feloniously had carnal knowledge of said victim in Marikina City, against her will and without her consent, the said crime having attended by the qualifying circumstances of relationship and minority. The Supreme Court affirmed the CA's decision finding accused GUILTY beyond reasonable doubt of committing one (1) count of Qualified Rape by Sexual Intercourse, as defined and penalized under Article 266-A paragraph 1 in relation to Article 266-B (1) of the Revised Penal Code (RPC), two (2) counts of Qualified Rape by Sexual Assault, as defined and penalized under paragraph 2, Article 266-A in relation to Article 266-B (1) of the RPC, and one (1) count of Acts of Lasciviousness, as defined and penalized under Article 336 of the RPC.

Summary of outcome: The accused was convicted. However, due to his death while pending appeal of his conviction, the criminal action is extinguished in as much as there is no longer a defendant to stand as the accused; the civil action instituted therein for the recovery of the civil liability ex delicto is ipso facto extinguished, grounded as it is on the criminal action. Nonetheless, the offender's liability relative to his acts against the victim may be based on sources other than delict; in which case the victim may may file a separate civil action against the estate of the offender, as may be warranted by law and procedural rules.

Observatory: Gender-Based Violence

Ponente: PERLAS-BERNABE, J.:

Long title: PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ARIELLAYAG ACCUSED-APPELLANTS.

Geolocation 1

Latitude: 14.633096

Longitude: 121.098963

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People v. Layag

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