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Q: Ngayon, ito ay manika at ang nirerepresent ng manika na ito ay...ano ba ang tingin mo dito mukha ba siyang lalaki or babae? A: Lalaki po. Q: So itong lalaki na ito may mukha, may kamay at paa, meron ding siyang katulad noong nasa lalaki...maari mo bang ituro sa amin kung ano ang ginamit niya? AAA pointed to the private part of the anatomically correct doll. PROSECUTOR DE DIOS: Your Honor, can I unbare? COURT: Yes pero dahan-dahan lang baka magulat si AAA. Q: AAA, this doll is representing a male person. Now a male person has its own private parts. I'd like to show to you a depiction of such private part, is that okay with you? A: Opo. Q: I'd like to show to you this portion of the doll, now what do you know about this portion? Ano ito? COURT: Q: Ano ba ang alam mo na tawag sa ganyan? Alam mo ba? A: Opo. Q: Ano ang tawag diyan, alam mo ba? A: Witness just pointed the private parts of the anatomical (sic) correct doll PROSECUTOR DE DIOS: Q: AAA, am I correct to say that this was the part of the body used by Tito CCC in raping you? A: Opo. Q: Now, on September 11, 2011, you also said that you were molested by Tito CCC, what time? A: 10:00 P.M. Q: Where did this happen? A: Sa bahay po. Q: Now, AAA you said that you were molested, how were you molested by Tito CCC exactly? COURT:

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People v. Udtohan

Jurisprudence

Case number: G.R. No. 228887

Division: PH Supreme Court Second Division

Date of decision: Aug 2, 2017

Year of decision: 2017

GBV Case Type

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

Nature of the case: The victim, 11 years of age suffered sexual abuses at the hands of accused, her own uncle. After satisfying his lust, accused warned her not to relate the incident to anybody, otherwise, he would evict her family and he would kill her. Evidently, accused used threats and intimidation against the victim, which caused her to suffer silently in fear until she finally disclosed her ordeal to her teacher. The Court does not give credence to accused's argument that the victim’s testimony was incredible because there were inconsistent statements regarding the frequency of the abuses. Testimonies of rape victims who are young and of tender age are credible. The revelation of an innocent child whose chastity was abused deserves full credence. The victim testified positively that he also sexually molested her. Thus, the accused was found guilty by the court beyond reasonable doubt of QUALIFIED RAPE under Article 266-A (1) (d) and penalized under Article 266-B of the Revised Penal Code and ACTS OF LASCIVIOUSNESS under Article 336 of the Revised Penal Code and penalized under Section 5 (b), Article III of R.A. No. 7610.

Summary of outcome

He is sentenced to suffer the following, viz:

For Criminal Case No. 146314 (Qualified Rape): The court sentenced him to suffer the penalty of reclusion perpetua, without eligibility for parole; and to pay victim the amounts of P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages; and

For Criminal Case No. 146315 (Acts of Lasciviousness): He is sentenced to suffer he penalty of 12 years and 1 day of reclusion temporal in its minimum period, as minimum, to 16 years, 5 months and 10 days of reclusion temporal in its medium period, as maximum; and to pay the victim the amounts of P20,000.00 as civil indemnity, P15,000.00 as moral damages, and P15,000.00 as exemplary damages. The amounts of damages awarded shall earn interest at the rate of 6% per annum from the date of finality of judgment until fully paid.

Observatory: Gender-Based Violence

Ponente: MENDOZA, J.:

Long title: PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. DOMINADOR UDTOHAN Y JOSE, ACCUSED-APPELLANT.DECISION

Geolocation 1

Latitude: 14.529203

Longitude: 121.069889

: Geolocation 1

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People v. Udtohan

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