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NOTICE OF JUDGMENT Sirs/Mesdames: Please take notice that on October 16, 2019 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 November 6, 2019 at 3:37 p.m. Very truly yours, (Sgd.) MISAEL DOMINGO C. BATTUNG III Deputy Division Clerk of Court [*] Per Raffle dated October 9, 2019 vice Associate Justice Henri Jean Paul B. Inting. Rollo, pp. 2-15; penned by Associate Justice Jose C. Reyes, Jr. (now a Member ofthis Court) and concurred in by Associate Justices Mario V. Lopez and Socorro B. Inting. [1] [2] Records, unpaginated; penned by Judge Emmanuel D. Laurea. The identity of the victim or any information which could establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to Republic Act No. 7610, An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, Providing Penalties for its Violation, And For Other Purposes; Republic Act No. 9262, An Act Defining Violence Against Women and Their Children, Providing For Protective Measures for Victims, Prescribing Penalties Therefor, and for Other Purposes; and Section 40 of A.M. No. 04-10-11-SC, known as the Rules on Violence Against Women and their Children, effective November 15, 2004. (People v. Dumadag, 667 Phil. 664,669 [2011].) [3] [4] Id. [5] Id. [6] Records, pp. 6, 12. [7] Id. at 2. [8] Id. at 8.

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People v. Eulalio

Jurisprudence

Case number: G.R. No. 214882

Division: PH Supreme Court Third Division

Date of decision: Okt 16, 2019

Year of decision: 2019

GBV Case Type

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

Nature of the case: In the fear that her siblings will be kidnapped by the accused, the 11-year-old victim went along the house of the accused in the City of Malabon and there she was sexually molested by the accused by means of rubbing of the latter's private organ to her genitalia and kissed the former. The accused eventually inserted his genitalia to the victim's. Two (2) separate informations were filed charging the accused with rape in relation to RA 7610. The Court finds the accused guilty of statutory rape and acts of lasciviousness although charged with rape as according to the Court, following the "variance doctrine" of The Rules on Criminal Procedure.

Summary of outcome

He is sentenced to suffer the following, viz:

For Criminal Case No. 31438-MN (Statutory Rape): He is sentenced to reclusion perpetua and its accessory penalties. He is likewise ORDERED to pay the victim in addition to the costs of the suit, the following amounts, to wit: (i) PhP 75,000.00 as civil indemnity; (ii) PhP 75,000.00 as moral damages; and (iii) PhP 75,000.00 as exemplary damages; and
For Criminal Case No. 31439-MN (Acts of Lasciviousness): sentenced to twelve (12) years and one (1) day of reclusion temporal minimum, as minimum, to fifteen (15) years, six (6) months and twenty (20) days of reclusion temporal medium, as maximum, and its accessory penalties. He is likewise ORDERED to pay the victim in addition to the costs of the suit, the following amounts, to wit: (i) PhP 50,000.00 as civil indemnity; (ii) PhP 50,000.00 as moral damages; (iii) PhP 50,000.00 as exemplary damages; and (iv) PhP 15,000.00 as fine, all amounts due shall earn a legal interest of six percent (6%) per annum from the date of finality of the Decision until full payment.

Observatory: Gender-Based Violence

Ponente: HERNANDO, J.:

Long title: THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. BERNABE EULALIO Y ALEJO, ACCUSED-APPELLANT.

Geolocation 1

Latitude: 14.65782

Longitude: 120.950724

: Geolocation 1

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People v. Eulalio

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