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will not get burned. He stayed there until past noontime and did not see Mervin leave the place. When he returned at one o’clock in the afternoon, Mervin was already placing the copra inside the sack. He stayed until five o’clock in the afternoon. The following day, March 13, 2002, he saw Mervin hauling the copra. He did not observe any unusual behavior from him. Jackie Gucela, 18 years old, single, a farm laborer and a resident of Brgy. Lonoy, Kanaga, Leyte testified that he and AAA were sweethearts. Jackie recounted that the first time he got intimate and had sex with AAA was sometime in March 2000. He recalled that the last time he and AAA had sex was sometime in April 2002. He admitted that it was he who got AAA pregnant. Mervin Gahi, 35 years old, married, a farmer and a resident of Brgy. Visares, Capoocan, Leyte denied having been at the place of the alleged rapes on the days asserted by the complainant. He recalled that on March 11, 2002, he was at the area of Sandayong, Sitio Agumayan, Brgy. Visares, Capoocan, Leyte processing copra owned by Mrs. Josefina Suson. He started processing copra at six o’clock in the morning until about nine o’clock in the evening. With him were his wife and two children, May Jane and Mervin Jr. His landlord, Filomeno arrived later in the morning, and stayed until twelve o’clock noon. After having lunch at his house, Filomeno returned at one o’clock in the afternoon. Mervin recounted that he stopped working when he had lunch at his nearby house with his family, and during the intervening time, he did not leave the place to watch over the copra. After eating his lunch, he went back to the copra kiln drier to refuel and again watched over the copra. He stayed there and never left the place until nine o’clock in the evening. On March 12, 2002, Mervin recalled that he was at the copra kiln drier segregating the cooked copra from the uncooked ones until nine o’clock in the morning. When he was finished segregating, he smoked the uncooked copra. With him were his wife and children, and he stayed at the copra kiln dryer until six o’clock in the evening. The only time that he left the said place was when he had his lunch at eleven o’clock in the morning at his house. After having his lunch, he returned to the copra kiln drier. He admitted that he was familiar with Brgy. Sto. Nino, Capoocan, Leyte. Mervin testified that on March 13, 2002 at twelve o’clock noon, he delivered the copra for weighing to the house of his landlord at Brgy. Visares, Capoocan, Leyte. It was his Kuya Noni (Filomino) and Ate Pensi (Maria Esperanza) who actually received the copra, with the latter even recording the delivery. According to him, it was impossible for him to have raped AAA on the alleged dates as he was at Brgy. Visares processing copra. He argued that a mistake was committed by AAA in accusing him considering the similarity between his name Mervin and x x x Jack[ie] Gucela’s nickname, Melvin, who was known to be a suitor of AAA. Ma. Esperanza V. Villanueva, 48 years old, married, a housewife and a resident of Brgy. Visares, Capoocan, Leyte testified that she knows Mervin. According to her, Mervin was a tenant and has been working as a copra drier for them for a couple of years. Esperanza recalled that on March 13, 2002, Mervin and his wife delivered copra to her house. The delivery, she said, was also recorded by her.7 (Citations omitted.) chanroblesv irtualawl ibra ry At the conclusion of trial, the April 22, 2005 Decision convicting appellant was rendered by the trial court. Dispositively, the said ruling states: chanRoblesvirt ual Lawlib rary

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People v. Gahi

Jurisprudence

Case number: G.R. No. 202976

Division: PH Supreme Court First Division

Date of decision: Peb 19, 2014

Year of decision: 2014

GBV Case Type

Child Rape
Minor
Rape

Nature of the case: The accused used force or intimidation in order to successfully have unlawful carnal knowledge of the victim, a 16 years of age young girl. The accused is alleged to have utilized, on two occasions, a knife and the threat of bodily harm to coerce the victim into submitting to his evil sexual desires. The accused argued that he could not have possibly been guilty of rape because the time period between the rape incidents and the birth of the alleged fruit of his crime is more than the normal period of pregnancy. He also points out that defense witness Jackie Gucela’s admission that he was victim’s lover and the father of her child should suffice to negate any notion that he raped the victim twice. Lastly, he puts forward the defense of alibi. The Court is not impressed. Hence, he is found guilty beyond reasonable doubt of two (2) counts of rape and is sentenced to suffer the penalty of reclusion perpetua for each count.

Summary of outcome

The accused is found guilty beyond reasonable doubt of two (2) counts of rape and is sentenced to suffer the penalty of reclusion perpetua for each count.

The penalty of reclusion perpetua for each count is hereby imposed upon the accused.

The civil indemnity to be paid by appellant Mervin Gahi is decreased from Seventy–Five Thousand Pesos (P75,000.00) to Fifty Thousand Pesos (P50,000.00);

(2) The exemplary damages to be paid by appellant Mervin Gahi is increased from Twenty–Five Thousand Pesos (P25,000.00) to Thirty Thousand Pesos (P30,000.00); and

(3) Appellant Mervin Gahi is ordered to pay the private offended party interest on all damages at the legal rate of six percent (6%) per annum from the date of finality of this judgment.

Observatory: Gender-Based Violence

Ponente: LEONARDO–DE CASTRO, J.

Long title: PEOPLE OF THE PHILIPPINES, Plaintiff–Appellee, v. MERVIN GAHI, Accused–Appellant.

Geolocation 1

Latitude: 11.236597

Longitude: 124.626571

: Geolocation 1

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People v. Gahi

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