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CERTIFIED [RUE COPY - , v~ Divi:fnon Clerk of Court Third Division 'JUL 2 4 2019 l\epublic of tbe Jlbilippines BY: TIME: ,- · /0; $>upreme QCourt .S-3 ;Jflilan ila THIRD DIVISION PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, -versus- G.R. No. 229862 Present: PERALTA,* J, LEONEN, Acting Chairperson, REYES, A., JR., HERNANDO,** and INTING, JJ zzz, Accused-Appellant. DECISION LEONEN, J.: Recantations are viewed unfavorably especially in rape cases. Circumstances in which the recantation was made are thoroughly examined before the evidence of retraction can be given any weight. Before this Court is a criminal case for rape committed by the common-law spouse of the victim's mother. Accused-appellant ZZZ assails the September 30, 2016 Decision 1 of the Court of Appeals in CA-G.R. CRHC No. 01769, which affirmed his conviction in the June 25, 2013 Judgment2 of the Regional Trial Court. • •• 2 On official leave. On official leave. Rollo, pp. 4-13. The Decision was penned by Associate Justice Edward B. Contreras, and concurred in by Associate Justices Edgardo L. Delos Santos and Geraldine C. Fiel--Macaraig of the Nineteenth Division, Court of Appeals, Cebu City. CA rollo, pp. 40-47. The Judgment, in Crim. Case No. 529, was penned by Executive/Presiding Judge Ananson E. Jayme of Branch 63, Regional Trial Comt, Bayawan City, Negros Oriental. f

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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

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People v. ZZZ

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