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SO ORDERED. Velasco, Jr., (Chairperson), Leonen, and Gesmundo, JJ., concur. Bersamin, J., on official leave. January 11, 2018 NOTICE OF JUDGMENT Sirs/Mesdames: Please take notice that on December 13, 2017 a Decision, copy attached hereto, was rendered by the Supreme Court in the above-entitled case, the original of which was received by this Office on January 11, 2018 at 10:20 a.m. Very truly yours, (SGD.) WILFREDO V. LAPITAN Division Clerk of Court Rollo, pp. 2-20; penned by Associate Justice Ramon R. Garcia with Associate Justices Rebecca De Guia-Salvador and Danton Q. Bueser, concurring. [1] [2] Rollo, pp. 53-62; penned by Presiding Judge Loreto S. Alog, Jr. [3] CA rollo, p. 53. [4] Records, Vol. I, p. 1. [5] Records, Vol. III, p. 1. [6] Records, Vol. V; TSN, 1 February 2011, pp. 3-4. [7] Id. at 5-74 [8] Id. at 8-10. [9] Id. at 7-8.

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People v. Bagsic

Jurisprudence

Case number: G.R. No. 218404

Division: PH Supreme Court Third Division

Date of decision: Dis 13, 2017

Year of decision: 2017

GBV Case Type

Child Abuse (R.A. 7610)
Child Rape
Minor
Rape
Sexual Assault
Statutory Rape

Nature of the case: The accused who is the common law spouse of the victim's maternal grandmother with lewd design, committed a lascivious conduct on the person of a 12 years old girl by mashing the latter's breast against her will, felonious inserted the former's finger into the female genitalia of an 8 years old girl (sexual assault) and felonious had sexual intercourse with an 8 years old girl in San Jose City, Nueva Ecija. Consequently, 3 separate informations were filed before the RTC charging the accused with one (1) count of statutory rape 1 count of rape by sexual assault, and one (1) count of violation of Section 5 (b) of Republic Act No. 7610 (R.A. No. 7610). The accused was later convicted for statutory rape and sexual assault. As regards the crime of 1 count of violation of Section 5 (b) of RA No. 7610 the accused was acquitted for failure of the prosecution to sufficiently establish the identity of the perpetrator.

Summary of outcome

The accused was later convicted for statutory rape and sexual assault. As regards the crime of 1 count of violation of Section 5 (b) of RA No. 7610 the accused was acquitted for failure of the prosecution to sufficiently establish the identity of the perpetrator. He is sentenced to suffer the following, viz:

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 and to pay the victim the amounts of P75,000.00 as civil indemnity, 75,000.00 as moral damages, and P75,000.00 as exemplary damages; and 2. Imprisonment of reclusion perpetua and to pay BBB the amounts of 75,000.00 as civil indemnity, 75,000.00 as moral damages, and P75,000.00 as exemplary damages and all damages awarded shall have an interest of 6% per annum from the finality of the decision until fully paid.

Observatory: Gender-Based Violence

Ponente: MARTIRES, J.:

Long title: PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. ROLANDO BAGSIC Y VALENZUELA, ACCUSED-APPELLANT.

Geolocation 1

Latitude: 15.792419

Longitude: 120.989007

: Geolocation 1

Primary Documents

BAGSIC.pdf
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Commission on Human Rights

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People v. Bagsic

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