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Decision -5- G.R. No. 234841 aggravating circumstance of relationship, the accused is hereby sentenced to suffer an indeterminate penalty of twelve (12) years of prision mayor, as minimum, to twenty (20) years of reclusion temporal, as maximum. Further, consistent with jurisprudence, the accused is ORDERED TO PAY civil indemnity of FIFTY THOUSAND PESOS (Php50,000.00), moral damages of FIFTY THOUSAND PESOS (Php50,000.00), and exemplary damages of THIRTY THOUSAND PESOS (Php30,000.00). SO ORDERED. 12 The RTC found that AAA positively and categorically stated that Manuel, who is her own biological father, inserted his finger into her vagina, and it was painful. She gave a direct and straightforward narration of her ordeal in the hands of her father. Moreover, the trial court also found that Manuel's defense of denial could not prevail over AAA's direct, positive, and categorical assertion. It was not persuaded by Manuel's flimsy statement that AAA was merely influenced by her sister, BBB, who allegedly has a grudge on him. Furthermore, the physical finding that AAA did not sustain any injury or hymenal laceration does not impair the prosecution's case. 13 In a Decision dated May 19, 2017, the CA affirmed with modification the R TC Decision ordering Manuel to pay six percent (6%) interest per annum on all the amounts awarded reckoned from the date of finality of the judgment until the damages are fully paid. According to the appellate court, there is no reason to overturn the trial court's finding that AAA' s testimony deserves full credence in view of the settled doctrine that when the offended party is of tender age and immature, courts are inclined to give credit to her testimony for youth and immaturity are generally badges of truth and sincerity. Like the RTC, moreover, the CA also held that proof of hymenal laceration is not an element of rape. 14 Thus, the imposition of the penalty of twelve (12) years of prision mayor, as minimum, to twenty (20) years of reclusion temporal, as maximum, by the RTC was in order, in view of the fact that the sexual assault was committed against a child by her father, which is appreciated as an aggravating circumstance of relationship, pursuant to Article 266-B 15 of the RPC. Aggrieved by the CA's denial of his motion for reconsideration, Manuel filed the instant petition on December 7, 2017 invoking the following argument: 12 13 14 15 Id. at 82. Id. at 39-40. Id. at 42-48. Rape under paragraph 2 of the next preceding article shall be punished by prision mayor. xxxx Reclusion temporal shall be imposed if the rape is committed with any of the ten aggravati.::;; qualifying circumstances mentioned in this article. {,/ y

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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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