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Discontented, Eulalio appealed[24] his case before Us, raising the issue of whether or not he is guilty beyond reasonable doubt of the crimes imputed against him. The Court's Ruling: The appeal is unmeritorious. Article 266-A, paragraph (1) of the Revised Penal Code (RPC) reads as follows: Article 266-A. Rape, When and How Committed. — Rape is committed: 1) By a man who shall have carnal knowledge of a woman under any of the following circumstances: a) Through force, threat, or intimidation; b) When the offended party is deprived of reason or is otherwise unconscious; c) By means of fraudulent machination or grave abuse of authority; and d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.[25] (Emphasis supplied.) On the other hand, acts of lasciviousness is defined and penalized in this manner: Art. 336. Acts of lasciviousness. - Any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the preceding article, shall be punished by prision correccional. As regards the August 2004 incident (Criminal Case No. 31438-MN), this Court is convinced that Eulalio is guilty of rape, specifically, statutory rape. The elements of the said felony are: "(1) the offended party is under 12 years of age; and (2) the accused had carnal knowledge of the victim, regardless of whether there was force, threat, or intimidation or grave abuse of authority. It is enough that the age of the victim is proven and that there was sexual intercourse. As the law presumes absence of free consent when the victim is below the age of 12, it is not necessary to prove force, intimidation or consent as they are not elements of statutory rape."[26] Significantly, it was proven by evidence that Eulalio had carnal knowledge of AAA, an 11-year-old victim, by using threats and intimidation. As regards the September 2004 incident (Criminal Case No. 31439- MN), both the RTC and the CA properly convicted Eulalio of acts of lasciviousness, although charged with rape in the Information. Eulalio committed lewd acts upon AAA, who

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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.

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Latitude: 14.65782

Longitude: 120.950724

: Geolocation 1

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People v. Eulalio

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