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Decision 5 G.R. No. 229862 In its June 25, 2013 Judgment, 31 the Regional Trial Court found ZZZ guilty beyond reasonable doubt of simple statutory rape. 32 The trial court found that the prosecution failed to establish AAA' s minority. It did not present documentary evidence, such as her birth certificate, or even testimonial evidence to prove that AAA was a minor when the crime was committed. 33 The trial court further gave weight to AAA' s declaration that she was raped. It noted her sincerity during trial and her candid and straightforward manner in giving her testimony. It held that her allegations were corroborated by Dr. Dacula's findings and BBB's subsequent acts in bringing AAA to the barangay officials, the Department of Social Welfare and Development, and the police. 34 The trial court did not give merit to ZZZ's denial for being unsubstantiated. It further held that instead of discrediting the prosecution's evidence, AAA's Affidavit of Recantation and Desistance bolstered her earlier statements by reaffirming that: (1) ZZZ sexually molested her; (2) the prosecutor did not force her to testify; and (3) she was not put under duress. 35 The dispositive portion of the Regional Trial Court Judgment read: WHEREFORE, based on the prevailing facts, evidences, law and jurisprudence applicable, the court finds accused [ZZZ] GUILTY BEYOND REASONABLE DOUBT of the crime of simple statutory rape and hereby sentenced him to suffer the penalty of imprisonment of reclusion perpetua. He is hereby ordered to pay to the victim civil indemnity in the amount of PS0,000.00 and moral damages in the amount of PS0,000.00 without proof of its basis. SO ORDERED. 36 ZZZ appealed37 before the Court of Appeals. In tum, the People of the Philippines, represented by the Office of the Solicitor General, filed its Brief. 38 31 32 33 34 Id. at 40-47. Id. at 47. Id. at 44. Id. at 44-46. 35 Id. at 45. 36 Id. at 47. Id. at 18-37. Id. at 67-81. 37 38 /

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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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