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Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua. Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death. When by reason or on the occasion of the rape, the victim has become insane, the penalty shall become reclusion perpetua to death. When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death. When by reason or on the occasion of the rape, homicide is committed, the penalty shall be death. The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances: 1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or afinnity within the third civil degree, or the common-law spouse of the parent of the victim; 2) When the victim is under the custody of the police or military authorities or any law enforcement or penal institution; 3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity; 4) When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime; 5) When the victim is a child below seven (7) years old; 6) When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim; 7) When committed by any member of the Armed Forces of the Philippines or paramilitary units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime;

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People v. Ejercito

Jurisprudence

Case number: G.R. No. 229861

Division: PH Supreme Court Second Division

Date of decision: Jul 2, 2018

Year of decision: 2018

GBV Case Type

Child Rape
Minor
Rape

Nature of the case: A fifteen years old high school student was raped by her neighbor in Taytay, Badian, Province of Cebu. The Court finds the accused guilty of rape through the victim's clear and straightforward testimony. The Court also did not take credence to the accused's sweetheart defense pointing out that assuming arguendo that he indeed eventually had a relationship with the victim, their first sexual encounter in 2001 was without the latter's consent and was attended with force and intimidation as he pointed a gun at her while satisfying his lustful desires.

Summary of outcome: He is sentenced to suffer the penalty of reclusion perpetua and ordered to pay the victim the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages, all with legal interest at the rate of six percent (6%) per annum from finality of the ruling until fully paid.

Observatory: Gender-Based Violence

Ponente: PERLAS-BERNABE, J.:

Long title: PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. FRANCISCO EJERCITO, ACCUSED-APPELLANT.

Geolocation 1

Latitude: 9.870358

Longitude: 123.398882

: Geolocation 1

Primary Documents

EJERCITO.pdf
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Commission on Human Rights

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People v. Ejercito

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