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29 30 People v. Gani, supra note 26. Article 266–B. Penalties. – x x x. Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death. 31 Article 266–B. Penalties. – x x x. The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances: 1. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within the third civil degree, or the common law spouse of the parent of the victim. 32People v. Lomaque, G.R. No. 189297, June 5, 2013. 33People v. Basallo, G.R. No. 182457, January 30, 2013, 689 SCRA 616, 645. 34People v. Vitero, G.R. No. 175327, April 3, 2013, 695 SCRA 54, 69.

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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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