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10 Decision G.R. No. 229862 PROS. BALBUENA ON DIRECT EXAMINATION: (COURT INTERRUPTED) COURT . .. Which come (sic) first, the raping or the masturbating? WITNESS The raping. Q How did he rape --- How did the accused rape you? A First, he positioned himself on top of me and then he undressed me, and then he sat on the floor and masturbated. He let me hold his penis, kissed me. On top of me, he kissed me, and he undressed me, sat on the floor and masturbated, and then he let me hold his penis, and then he again positioned himself on top of me. Q Court. Tell in straight words; answer 'yes' or 'no'. place his penis inside your vagina? A Yes. Did he [ON CROSS EXAMINATION] (COURT INTERRUPTED) 70 Q Did you feel? A Yes. Q And what was your feeling? A Pain Q What was painful'? A At the side Q Of what? A The side of my vagina. Q Why? A Because his penis [was) in my vagina. 70 (Emphasis in the original) Rol/o,pp.9-10. I

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People v. ZZZ

Jurisprudence

Case number: G.R. No. 229862

Date of decision: Hun 19, 2019

Year of decision: 2019

GBV Case Type

Child Rape
Minor
Rape

Nature of the case: The accused, who is the common-law spouse of the victim’s mother by means of force and intimidation, had carnal knowledge of the victim, a minor fourteen (14) years old, against her will in Bayawan City, Negros Oriental. The accused argues that the crime of statutory rape was not proven because the prosecution failed to sufficiently establish victim’s minority, which the trial court also noted. He further avers that since the case does not involve statutory rape, the presence of force, intimidation, threat, fraud, or grave abuse of authority must be established in the alleged crime's commission. He contends that the prosecution failed to show these circumstances. The court is not convinced. The accused’s argument that force, intimidation, threat, fraud, or grave abuse of authority was not present has no leg to stand on. The Court ruled that abuse of moral influence is the intimidation required in rape committed by the common-law father of a minor. Thus, the accused is found guilty beyond reasonable doubt of rape, as punished under Article 266-B of the Revised Penal Code. He is sentenced to suffer the penalty of reclusion perpetua.

Summary of outcome: The offender is sentenced to suffer the penalty of reclusion perpetua and ordered to pay the victim 1) Seventy-Five Thousand Pesos (P75,000.00) as moral damages; (2) Seventy-Five Thousand Pesos (P75,000.00) as civil indemnity; and (3) Seventy-Five Thousand Pesos (P75,000.00) as exemplary damages. All damages awarded shall be subject to interest at the rate of six percent (6%) per annum from the finality of the Decision until its full satisfaction.

Observatory: Gender-Based Violence

Ponente: LEONEN, J.:

Long title: PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ZZZ, ACCUSED-APPELLANT.DECISION

Geolocation 1

Latitude: 9.384035

Longitude: 122.789224

: Geolocation 1

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People v. ZZZ

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