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Decision 9 G.R. No. 229862 Accused-appellant's contentions have no merit. I Article 266-A of the Revised Penal Code defines rape as: 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 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. 2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person. After a careful examination of the case records, this Court holds that the prosecution has established beyond reasonable doubt that accusedappellant is guilty of raping AAA. The trial court also found AAA's testimony credible and supported by evidence: The candid, straightforward and unrehearsed testimony of victim [AAA] who declared against the bestial acts of the accused on her person and maintained that she was required to hold his penis and thereafter, again, rode on top of her placing his penis on her vagina is corroborated by the unrefuted findings of Dr. Edalin L. Dacula who found that the abrasion and redness in color on the right side of the labia minora is caused by a smooth, soft object. A smooth, soft object is a penis and that the abrasion and redness in color on the right side of the labia minora is caused probably by the friction of the hardened and erected penis of the accused. That was why the victim complained that she felt pain on her vagina. 69 The Court of Appeals, likewise, found that AAA' s testimony during the direct examination showed that she clearly remembered how accusedappellant committed the crime: 69 Id. at 46. /

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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

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Latitude: 9.384035

Longitude: 122.789224

: Geolocation 1

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People v. ZZZ

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