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(15)-year old minor, was cleaning chicken cages at the back of her house when suddenly, Ejercito threatened her, removed her lower garments, covered her mouth, and proceeded to have carnal knowledge of her without her consent. The RTC, as affirmed by the CA, found AAA's testimony to be credible, noting further that Ejercito failed to establish any ill motive on her part which could have compelled her to falsely accuse him of the aforesaid act. In this relation, case law states that the trial court is in the best position to assess and determine the credibility of the witnesses presented by both parties, and hence, due deference should be accorded to the same.[19] As there is no indication that the RTC, as affirmed by the CA, overlooked, misunderstood or misapplied the surrounding facts and circumstances of the case, the Court therefore finds no reason to deviate from its factual findings. The Court remains mindful that Section 5 (b) of RA 7610,[20] which, to note, was passed prior to RA 8353 on June 17, 1992, equally penalizes those who commit sexual abuse, by means of either (a) sexual intercourse or (b) lascivious conduct, against "a child exploited in prostitution or subjected to other sexual abuse," viz.: Section 5. Child Prostitution and Other Sexual Abuse. - Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse. The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: xxxx (b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse; Provided, That when the victim is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; x xx xxxx In Quimvel v. People (Quimvel),[21] the Court set important parameters in the application of Section 5 (b) of RA 7610, to wit:

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People v. Ejercito

Jurisprudence

Case number: G.R. No. 229861

Division: PH Supreme Court Second Division

Date of decision: Hul 2, 2018

Year of decision: 2018

GBV Case Type

Child Rape
Minor
Rape

Nature of the case: A fifteen years old high school student was raped by her neighbor in Taytay, Badian, Province of Cebu. The Court finds the accused guilty of rape through the victim's clear and straightforward testimony. The Court also did not take credence to the accused's sweetheart defense pointing out that assuming arguendo that he indeed eventually had a relationship with the victim, their first sexual encounter in 2001 was without the latter's consent and was attended with force and intimidation as he pointed a gun at her while satisfying his lustful desires.

Summary of outcome: 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 as exemplary damages, all with legal interest at the rate of six percent (6%) per annum from finality of the ruling until fully paid.

Observatory: Gender-Based Violence

Ponente: PERLAS-BERNABE, J.:

Long title: PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. FRANCISCO EJERCITO, ACCUSED-APPELLANT.

Geolocation 1

Latitude: 9.870358

Longitude: 123.398882

: Geolocation 1

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EJERCITO.pdf
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Commission on Human Rights

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People v. Ejercito

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