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xxx Okay, we will ask. Was the middle finger touching the pepets (vagina) of your sister? WITNESS Not too much. (Hindi po masyado.) COURT Hindi masyado. Pero umabot? WITNESS Umabot po. COURT So umabot. Touching. Umabot pero hindi masyado. Okay, I will. Supposed this is the pepe (vagina) of your sister, hanggang saan umabot? You demonstrate. COURT INTERPRETER Hanggang saan diyan sa daliri ni Judge? WITNESS Hanggang dito lang po. COURT Sa baba. Hindi umabot dito? WITNESS Hindi po. COURT So below the pepe. ATTY. TOPACIO No, your honor, he was only pointing to the thigh area. COURT Sige ulitin natin ang tanong. Sa bin ti ba niya ...

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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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Commission on Human Rights

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Lutap v. People

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