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Sa ano ni Ate, dito po. ACP VILLALON Anong tawag diyan? COURT Huwag kang mahiya, sabihin mo. WITNESS Pepets po. ACP VILLALON Pinapasok. ATTY. TOPACIO He did not say pinapasok. COURT Ginagalaw. ACP VILLALON Ginaganun? WITNESS Opo. COURT Interpret the answer. Pepets is vagina. ACP VILLALON Iyung ginaganun, your honor. COURT Touching. WITNESS (Court Interpreter's interpretation) The accused was touching by his middle finger the vagina of my sister.

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Lutap v. People

Jurisprudence

Case number: G.R. No. 204061

Division: PH Supreme Court First Division

Date of decision: Peb 5, 2018

Year of decision: 2018

GBV Case Type

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

Nature of the case: A six years old girl who belongs to the sector of Girl-Children was forced, threatened and intimated by her father's best friend who frequently visits their house by means of touching the victim's private part while playing text cards in the latter's house in Quezon City. The accused was convicted for the crime of Acts of Lasciviousness under Article 336 of the RPC in relation to Section 5 of R.A. 7610 contrary to the ruling of the Court of Appeals that the accused committed attempted rape as the Supreme Court ruled that absent any showing that there was actual insertion of a finger into the victim's private part, there can be no rape or even an attempted one.

Summary of outcome

The accused is convicted and is sentenced to suffer the following penalties:

Indeterminate sentence of 12 years and 1 day of reclusion temporal in its minimum period as mimimum, to 15 years, 6 months and 20 days of reclusion temporal in its medium period as its maximum; and
Pay the victim moral damages, exemplary damages, a fine in P 15,000.00 each and civil indemnity in the amount of P 20,000.00 and 6% interest per annum from the finality of the judgment until fully paid on the damages and civil indemnity.

Observatory: Gender-Based Violence

Ponente: TIJAM, J.:

Long title: EDMISAEL C. LUTAP, PETITIONER, V. PEOPLE OF THE PHILIPPINES, RESPONDENT.

Geolocation 1

Latitude: 14.646016

Longitude: 121.049656

: Geolocation 1

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LUTAP.pdf
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Lutap v. People

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