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CERTIFIED rRUE COPY ..____,h?-'..._._~".,......OL...cV - ~ Dh·is~ .n Clerk of Cou.-t Third Division 3Republic of tbe ~bilippineg ~upreme <!Court JUL O S 2019 ;1flflan ila THIRD DIVISION MANUEL BARALLAS RAMILO, Petitioner, G.R. No. 234841 Present: PERALTA, J., Chairperson, LEONEN, REYES, A., JR., HERNANDO, and INTING, JJ. - versus - Promulgated: PEOPLE OF THE PHILIPPINES, Respondent. ~~019 x---------------------------------------------------c~-~ ·------x DECISION PERAL TA, J.: Before the Court is a petition for review on certiorari under Rule 45 of the Rules of Court seeking to reverse and set aside the Decision I dated May 19, 2017 and the Resolution2 dated September 27, 2017 of the Court of Appeals (CA) in CA-G.R. CR No. 38601 which affirmed with modification the Decision3 dated April 4, 2016 of the Regional Trial Court (RTC) of Marikina City, Branch 192, finding Manuel Barallas Ramilo guilty beyond reasonable doubt of rape through sexual assault. The antecedent facts are as follows: Rollo, pp. 31-51. Penned by Associate Justice Magdangal M. De Leon, with the concurrence of Associate Justices Elihu A. Ybanez and Carmelita Salandanan Manahan. 2 Id. at 54-55. Id. at 72-82. Penned by Judge Alice C. Gutierrez.

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Ramilo v. People

Jurisprudence

Case number: G.R. No. 234841

Division: PH Supreme Court Third Division

Date of decision: Hun 3, 2019

Year of decision: 2019

GBV Case Type

Acts of lasciviousness
Child Abuse (R.A. 7610)
Minor

Nature of the case: The accused, with lewd design and by means of force, threat and intimidation and/or with grave abuse of parental authority did then and there willfully, unlawfully, knowingly and feloniously commit sexual abuse and lascivious conduct upon her daughter a twelve (12) year old minor in the City of Marikina by lying beside her then embracing her and inserting his fingers inside the victim’s genitalia. The crime is attended with the aggravating circumstance of relationship. The accused argued that the victim was heavily influenced by her older sister who openly despised their father. This shows motive on the part of the victim to fabricate the charges against the accused. The Court is unconvinced. According to the Court, settled is the rule that ill motives become inconsequential if there is an affirmative and credible declaration from the rape victim, which clearly establishes the liability of the accused. Hence, the Court found the accused guilty of Lascivious Conduct under Section 5(b), Article III of Republic Act No. 7610, and is sentenced to suffer the penalty of reclusion perpetua.

Summary of outcome: The offender is sentenced to suffer penalty of reclusion perpetua and to pay a fine of P15,000.00. He is further ordered to pay the victim, civil indemnity, moral damages and exemplary damages, each in the amount of P75,000.00. The fine, civil indemnity and damages so imposed are subject to interest at the rate of six percent (6%) per annum from the date of finality of the Decision until fully paid.

Observatory: Gender-Based Violence

Ponente: PERALTA, J.:

Long title: MANUEL BARALLAS RAMILO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

Geolocation 1

Latitude: 14.633163

Longitude: 121.098981

: Geolocation 1

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Manuel Barallas Ramilo.pdf
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Ramilo v. People

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