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Q: A: xx Q: A: xx Q: A: Q: A: xx Q: A: xx Q: A: What is this incident you are referring to? He woke me up and asked me to stand up, ma'am. xx You said "Ginising po nya ako at pinatayo ako" who are you referring to? Amante Padlan, ma'am. xx Do you know Amante Padlan? Yes, ma'am. How long have you known him? When he lived in our house, ma'am. xx Then what happened next, if any? He asked me to stand up and touched my vagina, ma'am. xx Aside from touching your vagina, what else did he do next, if any? He asked me to remove my dress then he put out his penis and asked me to lie down and tried to insert his penis into my vagina, ma'am. xxxx Q: How long did he insert his penis into your vagina? A: 1 1/2, ma'am. COURT Q: 1 1/2 of what, in terms of minutes or hours? A: Oras po, Your Honor.[15] xxxx Q: Now after you said "aray" and he stopped. What else happened? A: He inserted his finger, ma'am. Q: Where did he insert his finger? A: He inserted his finger into my vagina, ma'am.[16] On September 27, 2005 Padlan again succeeded in having sexual intercourse with AAA. She narrated her ordeal as follows: FISCAL LAGROSA xxxx Q: Now do you know what [sic] the incident that happened on September 27? A: Yes, ma'am. xxxx Q: And where did you go? A: We went to the tree of "Aratiles," Ma'am. Q: And what happened at the "Aratiles" tree? A: We stopped there, Ma'am. Q: And what did you do when you stopped? A: He removed my panty and my shorts, Ma'am. Q: And after he removed your panty and your shorts, what happened next?

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People v. Padlan

Jurisprudence

Case number: G.R. No. 214880

Division: PH Supreme Court First Division

Date of decision: Set 6, 2017

Year of decision: 2017

GBV Case Type

Acts of lasciviousness
Rape

Nature of the case: The accused, who is the adopted son of the victim’s neighbor and was left under the care of the victim's mother has sexually abused the victim against her will in three (3) different instances and during her tender age as she was only 9 years old when the sexual abuse occurred. The accused was then charged with the crime of rape and acts of lasciviousness. The accused had alibi but the Court was not persuaded. Accordingly, he was found guilty beyond reasonable doubt of two counts of rape as defined under Article 266-A (l)(d) and penalized under Article 266-B of the Revised Penal Code and Acts of Lasciviousness as defined under Article 336 of the Revised Penal Code in relation to, and penalized under Section 5(b), Article III of Republic Act No. 7610.

Summary of outcome

He is sentenced to suffer the following, viz:

For Criminal Case Nos. 2755-M-2005 and 2756-M-2005 (Two counts of rape): The offender is sentenced to suffer the penalty of imprisonment of reclusion perpetua and is ordered to pay the victim the increased amounts of P75,000.00 as civil indemnity; P75,000.00 as moral damages; and P75,000.00 as exemplary damages, all with interest at the rate of 6% per annum from the date of finality of the Decision until fully paid and
For Criminal Case No. 2757-M-2005 (Acts of Lasciviousness): He is sentenced to suffer indeterminate penalty of imprisonment of twelve (12) years, ten (10) months and twenty-one (21) days of reclusion temporal, as minimum, to fifteen (15) years, six (6) months and twenty (20) days of reclusion temporal, as maximum. He is further ordered to pay the victim the amounts of P20,000.00 as civil indemnity; P15,000.00 as moral damages; P15,000.00 as exemplary damages; and a fine of P15,000.00, all with interest at the rate of 6% per annum from the date of finality of the Decision until fully paid.

Observatory: Gender-Based Violence

Ponente: DEL CASTILLO, J.:

Long title: PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. AMANTE PADLAN Y LEONES @ BUTOG, ACCUSED-APPELLANT.

Geolocation 1

Latitude: 14.775064

Longitude: 120.998727

: Geolocation 1

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People v. Padlan

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