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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 affinity within the third civil degree, or the common-law spouse of the parent victim; xxxx An Act Providing For Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, and For Other Purposes. [4] The identity of the victim or any information to 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"; 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. Cabalquinto, 533 Phil. 703, 709 (2006); and Amended Administrative Circular No. 83-2015 dated September 5, 2017, Subject: Protocols and Procedures in the Promulgation, Publication, and Posting on the Websites of Decisions, Final Resolutions, and Final Orders Using Fictitious Names/Personal Circumstances. [5] [6] Rollo, pp. 36-37. [7] Records, p. 52. [8] CA rollo, p. 40. [9] Id. at 63. [10] Rollo, pp. 30-31. Art. 336. Acts of lasciviousness. — Any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the preceding article, shall be punished by prision correccional. [11] Section 5. Child Prostitution and Other Sexual Abuse. — Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse. [12]

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People v. Macapagal

Jurisprudence

Case number: G.R. No. 218574

Division: PH Supreme Court Second Division

Date of decision: Nov 22, 2017

Year of decision: 2017

GBV Case Type

Acts of lasciviousness
Child Abuse (R.A. 7610)
Child Rape
Incest
Minor
Rape

Nature of the case: The accused, being the father of the victim, by means of force and intimidation with lewd designs, succeeded in inserting his finger inside the private part of his 11-year-old daughter who is a minor, against her will and without her consent and in having sexual intercourse with the victim at that time of the incident she was 13 years of age and the other incident when she was 16 years of age. The accused was charged in three (3) separate informations with three (3) counts of violation of Article 266-A and Article 266-B of the Revised Penal Code,3 (RPC) in relation to Republic Act (R.A.) No. 7610. In the first charge, the accused was held liable for acts of lasciviousness under Art. 336 of the RPC, in relation to Section(b), Art. III of R.A. No. 7610 considering that all the elements of the said offense were established by the prosecution through the credible testimony of the victim to the effect that the accused showed a knife and threatened to kill her should she make any noise, then forcibly removed her shorts and panty, and inserted his finger in her private part, causing her to feel pain. With respect to Criminal Cases Nos. RTC-2003-0295 and RTC-2003- 0296, the prosecution was, likewise, able to prove beyond reasonable doubt all the elements of qualified rape as defined under paragraph 1, Art. 266-A26 and penalized under paragraph 1, Art. 266-B. Thus, the accused was convicted for the crimes of acts of lasciviousness two (2) counts of qualified rape.

Summary of outcome

He is sentenced to suffer the following, viz:

For Criminal Case No. RTC-2003-0294 (Acts of Lasciviousness): He is sentenced to suffer Fourteen (14) years and Eight (8) months of reclusion temporal minimum, as minimum, to Seventeen (17) years and Four (4) months of reclusion temporal medium, as maximum, in view of the presence of the alternative aggravating circumstance of relationship. He is, likewise, ordered to pay the victim civil indemnity in the amount of P20,000.00, as well as moral damages, exemplary damages and fine in the amount of P15,000.00 each;
For Criminal Case Nos. RTC-2003-0295 and RTC-2003-0296 (2 Counts of Qualified Rape): He is sentenced for each count to suffer the penalty of reclusion perpetua without eligibility for parole.

He is also ordered to pay the victim civil indemnity, moral damages and exemplary damages in the amount of P100,000.00 each for both counts of qualified rape. All damages awarded shall incur legal interest at the rate of six percent (6%) per annum from finality of the Decision until fully paid.

Observatory: Gender-Based Violence

Ponente: PERALTA, J.:

Long title: PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. RAUL MACAPAGAL Y MANALO, ACCUSED-APPELLANT.

Geolocation 1

Latitude: 13.622303

Longitude: 123.169197

: Geolocation 1

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People v. Macapagal

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