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Decision - 12 - G.R. No. 228223 The Information, read as a whole, has sufficiently informed Pendoy that he is being charged with these two offenses. It is true that Section 13, Rule 110 of the Revised Rules on Criminal Procedure requires that "a complaint or information must charge only one offense, except when the law prescribes a single punishment for various offenses." Failure to comply with this rule is a ground for quashing the duplicitous complaint or information and the accused may raise the same in a motion to quash before he enters his plea, otherwise, the defect is deemed waived. 24 In this connection, Section 3, Rule 120, as well as settled jurisprudence, states that "when two or more offenses are charged in a single complaint or information but the accused fails to object to it before trial, the court may convict the appellant of as many as are charged and proved, and impose on him the penalty for each offense, setting out separately the findings of fact and law in each offense." In the case at bench, the evidence bears out that what was proven by the People beyond reasonable doubt in Criminal Case No. 1089 was the felonious coitus committed by Pendoy against AAA on January 24, 2006. Likewise borne by records is the insertion of petitioner's finger into AAA' s vagina. AAA testified that before Pendoy mounted on her and inserted his penis into her private part, he first inserted his finger into her genital. Inasmuch as Pendoy failed to object and file a motion to quash anchored on the ground that more than one offense is charged in April 7, 2006 Information before he pleads to the same, the effect is that he is deemed to have waived such defect and he can be convicted of the crimes of rape and rape as an act of sexual assault. Jurisprudence 25 elucidates that an offender may be convicted for both rape and rape as an act of sexual assault for one incident provided that these crimes were properly alleged in the information and proven during trial. In the recent case People v. Salvador Tulagan, 26 the Court prescribes the following guidelines in the proper designation or nomenclature of acts constituting sexual assault and the imposable penalty depending on the age of the victim, thus: Considering the development of the crime of sexual assault from a mere "crime against chastity" in the form of acts of lasciviousness to "crime against persons" akin to rape, as well as the ruling in Dimakuta and Caoili, We hold that if the acts constituting sexual assault are committed against a victim under 12 years of age or is demented, the nomenclature of the offense should now be "Sexual Assault under paragraph 2, Article 266-A of the RPC in relation to Section 5(b) of R.A. No. 7610" and no longer "Acts of Lasciviousness under Article 336 of the RPC in relation to Section 5(b) of R.A. No. 761 O," because sexual assault as a form of acts of lasciviousness is no longer covered by Article 336 but by Article 266-A(2) of the RPC, as 24 25 26 # Peoplev. CCC, G.R. No. 231925, November 19, 2018. People v. Agoncillo, G.R. No. 229100, November 20, 2017; People v. Brioso, 788 Phil. 292 (2016). G.R. No. 227363, March 12, 2019.

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Pendoy v. CA

Jurisprudence

Case number: G.R. No. 228223

Division: PH Supreme Court Third Division

Date of decision: Jun 10, 2019

Year of decision: 2019

GBV Case Type

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

Nature of the case: The victim, a sixteen (16)-year-old minor who is the househelp of the accused was sexually molested by the accused by means of inserting his finger to the genitalia of the victim and, thereafter, place himself on top of her and insert his genitalia to the victim's, thereby succeeding in having carnal knowledge with the said victim without her consent and against her will in Baclayon, Bohol. The accused on the other hand, posited that the prosecution evidence failed to overcome his constitutional presumption of innocence. He maintains that the prosecution failed to establish that force, threat or intimidation was exerted upon the victim in the alleged commission of the sexual congress with the latter. The Court is convinced that the accused had employed force to subjugate victim’s will. It bears stressing that force need not be irresistible or of such character that it could not be repelled; all that is necessary is that the force used by the accused is sufficient to consummate his evil purpose, or that it was successfully used. It appears that victim later submitted to the accused’s lust out of fear of him because she earlier learned from a neighbor that he had killed someone in the past. She just cried silently. Indeed, the prosecution had amply proved the absence of victim’s consent to the sexual congress. Hence, the accused is convicted for the crimes of Rape and Lascivious Conduct under Section 5(b) of R.A. No. 7610.

Summary of outcome: He is sentenced to suffer the following, viz:

For Rape: 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 by way of exemplary damages; and

For Lascivious Conduct: he is sentenced to suffer the indeterminate penalty of fourteen (14) years and eight (8) months of reclusion temporal, as minimum, to seventeen (17) years, four (4) months and one (1) day of reclusion temporal, as maximum and ordered to pay the victim the amounts of P50,000.00 as civil indemnity, P50,000.00 as moral damages and P50,000.00 as exemplary damages. All damages awarded shall be subject to interest at the rate of six percent (6%) per annum from the finality of the Decision until its full satisfaction

Observatory: Gender-Based Violence

Ponente: PERALTA, J.:

Long title: ROEL PENDOY Y POSADAS, PETITIONER, VS. HON. COURT OF APPEALS (18TH DIVISION) - CEBU CITY; THE HON. DIONISIO CALIBO, JR., PRESIDING JUDGE OF BRANCH 50, REGIONAL TRIAL COURT OF LOAY, BOHOL; AND THE PEOPLE OF THE PHILIPPINES, RESPONDENTS.DECISION

Geolocation 1

Latitude: 9.622385

Longitude: 123.913491

: Geolocation 1

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Pendoy v. CA

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