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[113] Id. at 186. CA rollo, p. 32, Appellant's Brief. [115] Id. at 44. [116] RULES OF COURT, Rule 130, sec. 36 provides: Section 36. Testimony generally confined to personal knowledge; hearsay excluded. — A witness can testify only to those facts which he knows of his personal knowledge; that is, which are derived from his own perception, except as otherwise provided in these rules. [117] Rep. Act No. 4103 (1965), as amended. [118] REV. PEN. CODE, art. 64(1) provides: Article 64. Rules for the Application of Penalties Which Contain Three Periods. — In cases in which the penalties prescribed by law contain three periods, whether it be a single divisible penalty or composed of three different penalties, each one of which forms a period in accordance with the provisions of articles 76 and 77, the courts shall observe for the application of the penalty the following rules, according to whether there are or are not mitigating or aggravating circumstances: 1. When there are neither aggravating nor mitigating circumstances, they shall impose the penalty prescribed by law in its medium period. [119] People v. Matias, 687 Phil. 386, 391 (2012) [Per J. Perlas-Bernabe, Third Division]. [120] Id. [121] REV. PEN. CODE, art. 70 partly provides: Article 70. Successive Service of Sentences; Exception. — When the culprit has to serve two or more penalties, he shall serve them simultaneously if the nature of the penalties will so permit; otherwise, said penalties shall be executed successively, following the order of their respective severity, which shall be determined in accordance with the following scale: 1. Death. 2. Reclusión perpetua. 3. Reclusión temporal. 4. Prisión mayor. 5. Prisión correccional. 6. Arresto mayor. 7. Arresto menor. ..... [122] See Malto v. People, 560 Phil. 119, 143-144 (2007) [Per J. Corona, First Division]. [123] Id. at 144. [124] Id. citing CIVIL CODE art. 2230, which provides that "[i]n criminal offenses, exemplary damages as a part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances. Such damages are separate and distinct from fines and shall be paid to the offended party." [114]

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People v. Udang

Jurisprudence

Case number: G.R. No. 210161

Division: PH Supreme Court Third Division

Date of decision: Jan 10, 2018

Year of decision: 2018

GBV Case Type

Child Abuse (R.A. 7610)
Minor

Nature of the case: The accused, who is the victim's neighbor and the father of the latter’s friend has sexually abused the latter by having sexual intercourse with her while she was intoxicated. The accused had influence over the victim considering that he is an adult and the father of the victim's friend, which induced the latter to have drinks and later on have sexual intercourse with him. The victim was 12 and 13 years old when the incidents happened. This Court finds the victim credible not because of the generalization that she was a child of tender years incapable of fabricating a story of defloration but because of her categorical narration of her experience and her straightforward explanation that she was intimidated by her friend to have drinks with her father. Thus, she was compelled to return to the accused's house even after she was raped. Thus, the accused was found GUILTY beyond reasonable doubt of two (2) counts of sexual abuse, under Section 5(b) of Republic Act No. 7610

Summary of outcome: The offender is sentenced to suffer he penalty of twelve (12) years of prision mayor as minimum to seventeen (17) years, four (4) months, and one (1) day of reclusion temporal as maximum for each count and ordered to pay the victim the amounts P50,000.00 as civil indemnity and P50,000.00 as moral damages for each count of sexual abuse, all amounts shall earn interest at the legal rate of six percent (6%) per annum from the finality of the Decision until full payment.

Observatory: Gender-Based Violence

Ponente: LEONEN, J.:

Long title: PEOPLE OF THE PHILIPPINES PLAINTIFF-APPELLEE, V. BIENVINIDO UDANG, SR. Y SEVILLA,[1] ACCUSED-APPELLANT.

Geolocation 1

Latitude: 8.476841

Longitude: 124.641291

: Geolocation 1

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People v. Udang

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