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Q A And after you were laid down by the accused and you already [were lying] on the floor, what next transpired if any, tell the court? He raised my skirt and took off my panty. Q A What did you do when he tried to raise your skirt and took off your panty? I was trembling. Q A Why were you trembling? Because I was afraid. Q A Q Why were you afraid of Mervin Gahi x x x? Because he held something. Q A What was he holding? A knife. xxx Q A And what did he do with that knife he was holding? It was poked [at] me. Q A What part of your body was poked upon (sic)? (Witness indicated her right breast) xxx Q A While the accused was on top of you and took off his pants, what did the accused do upon your person? He inserted his penis. Q A You mean his penis was inserted [in]to what? To my vagina. Q A Now, how did you feel when he tried to insert his penis [in]to your vagina? I became weak.11 As for the second instance of rape, we agree with the lower courts that AAA was likewise clear and straightforward in recounting that: chanRoblesvi rtual Lawli bra ry [PROSECUTOR MERIN] Q A Where were you on March 12, 2002 when raped again by the accused? I was tethering a carabao. xxx Q A When you were trying to bring that carabao what happened tell the court? At that time when I was able to bring the carabao to be fed I saw him.

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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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