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to correct the attribution of the crime for which Ejercito should be convicted and, consequently, the corresponding penalty to be imposed against him, as will be explained hereunder. At the onset, the Court observes that the CA, in modifying the RTC ruling, erroneously applied the old Rape Law, or Article 335 of the RPC, since the same was already repealed upon the enactment of RA 8353 in 1997. To recount, the Information alleges "[t]hat on or about the 10th day of October 2001 x x x [Ejercito], with lewd design and by means of force and intimidation, did then and there willfully, unlawfully and feloniously lie and succeed in having carnal knowledge with [AAA], a minor who is only fifteen (15) years old at the time of the commission of the offense against her will and consent x x x"; hence, in convicting Ejercito of Rape, the CA should have applied the provisions of RA 8353, which enactment has resulted in the new rape provisions of the RPC under Articles 266-A in relation to 266-B, viz.: Article 266-A. Rape, When and How Committed. - Rape is committed 1. By a man who shall have carnal knowledge of a woman under any of the following circumstances: a. Through force, threat or intimidation; xxxx Article 266-B. Penalties. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua. Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death. xxxx For a charge of Rape by sexual intercourse under Article 266-A (1) of the RPC, as amended by RA 8353, to prosper, the prosecution must prove that: (a) the offender had carnal knowledge of a woman; and (b) he accomplished this act under the circumstances mentioned in the provision, e.g., through force, threat or intimidation. The gravamen of Rape is sexual intercourse with a woman against her will.[18] In this case, the prosecution was able to prove beyond reasonable doubt the presence of all the elements of Rape by sexual intercourse under Article 266-A (1) of the RPC, as amended by RA 8353. Through AAA's positive testimony, it was indeed established that in the evening of October 10, 2001, AAA, then just a fifteen

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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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