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Q: You said that you did not shout, why did you not shout? A: Because he told me that he will kill all of us, sir.[23] (emphasis supplied ) Fourth, after she woke up, AAA was able to positively identify appellant as the person who raped her, to wit: Q: And at the time you slept, was there light at that time? A: It was put off, sir. Q: Now madam witness, [in] March 1993, you said that you have been molested by accused, will you agree with me that at the time when this incident happened, you have not seen the face of the accused because there was no light, am I right, madam witness? A: Yes, sir. Court: Q: But you knew that it was [YYY] who was there? A: Yes, ma'am. Q: How? A: Because of his height, ma'am. xxxx Court:

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People v. YYY

Jurisprudence

Case number: G.R. No. 234825

Division: PH Supreme Court Third Division

Date of decision: Set 5, 2018

Year of decision: 2018

GBV Case Type

Child Rape
Incest
Minor
Rape

Nature of the case: The accused who is the father of the fifteen-year-old victim had carnal knowledge of the victim against her will and while she was unconscious in the year 1993 and asleep in the year 2001 in Cagayan Province. The Court ruled that all the elements of the crime of qualified rape have been proven by the prosecution. While the victim did not provide a direct testimony on the details of the actual incident of rape because she was unconscious at the time of the dastardly act, the prosecution established the circumstantial evidence proving that the accused had sexual intercourse with his own daughter against the latter's will. In fine, the Court affirmed in toto the decision of Court of Appeals finding the accused guilty of qualified rape in Criminal Case No. 10648. However, it acquitted the accused of the crime charged in Criminal Case No. 10649 for failure of the prosecution to prove his guilt beyond reasonable doubt.

Summary of outcome: He is sentenced to suffer the following, viz:

For Criminal Case No. 10648 (Qualified Rape): The offender sentenced to the penalty of reclusion perpetua without eligibility for parole. He is likewise ordered to pay the victim the following: civil indemnity of One Hundred Thousand Pesos (Php 100,000.00), moral damages of One Hundred Thousand Pesos (Php 100,00.00), and exemplary damages of One Hundred Thousand Pesos (Php 100,000.000). On the other hand

For Criminal Case No. 10649 (Qualified Rape) the accused is acquitted for failure of the prosecution to prove his guilt beyond reasonable doubt.

Observatory: Gender-Based Violence

Ponente: GESMUNDO, J.:

Long title: PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. YYY, ACCUSED-APPELLANT. DECISION

Geolocation 1

Latitude: 17.64828

Longitude: 121.761061

: Geolocation 1

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People v. YYY

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