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Decision -3- G.R. No. 228223 Later, AAA' s textmate called her up and inquired from her why she was crying. She eventually told him what petitioner had done to her. She asked her textmate to call her sister and report to her what had happened. Her sister, who was residing in , then informed their cousin, a certain Wewart Buslon, who was the one who contacted the police in - · The police arrived at the house of the Pendoys and brought AAA to the where she executed an affidavit. She was police station of then 16 years old as she was born on December 11, 1989. On the following day, AAA was examined by Dr. Nonaluz Pizarras (Dr. Pizarras) of the Governor Celestino Gallares Memorial Hospital. Dr. Pizarras found that there was a trauma or injury on the genitalia of AAA which may have been caused by probable sexual abuse. Pendoy vehemently denied the charge against him and claimed that he was not in his house at the time the alleged crime was committed. The evidence for the defense shows that on January 24, 2006 at 8 o'clock in the morning, Pendoy, a tour guide, left his house and went to Panglao Island Nature Resort (PJNR), in Panglao Island, Bohol to fetch the guests of his employer, the Baclayon Travel and Tours. He took the guests to some scenic spots in Bohol. While touring the guests, Pendoy met his tour guide colleague, Norlyn Palban, who reminded him of the meeting of their tour guide association at the house of Janice Talip in Lindaville Subdivision, Tagbilaran City around 7 o'clock in the evening of that day. When the tour was over, Pendoy brought the guests back to PINR at almost 6 o'clock in the evening. After a brief talk with the guests and sharing his tip with the driver, Pendoy proceeded to Lindaville Subdivision for the meeting of the tour guide association. However, as he wanted to have the chain of his motorcycle fixed and the tire aligned, Pendoy decided to stop by at the house of a certain Pablito Maestrado. It took Pablito about 20 to 30 minutes to finish the repair job. He arrived at Lindaville Subdivision at past 7:00 in the evening. He left the meeting at 8:30 in the evening and proceeded to the house of his half-brother, Fernando Tero, at La Paz, Cortes, Bohol to join his wife and children there. He arrived at his half-brother's house at around 9 o'clock in evening and left at 10:30 in the evening with his wife, on board his motorcycle, while their children boarded the van of their neighbor. They arrived at their house in San Isidro, Baclayon, Bohol at around 11 o'clock in the evening. Pendoy found it odd that AAA suddenly asked him the exact location of their house shortly after their arrival. He also noticed that AAA's bag was already packed up and placed under a table. Few minutes later. policemen arrived at his house together with AAA's uncle. Pendoy confronted AAA and asked her what the problem was, but AAA merely told him that she only wanted to go home. Confused about what was happenin7

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Pendoy v. CA

Jurisprudence

Case number: G.R. No. 228223

Division: PH Supreme Court Third Division

Date of decision: Hun 10, 2019

Year of decision: 2019

GBV Case Type

Acts of lasciviousness
Child Abuse (R.A. 7610)
Child Rape
Minor
Rape

Nature of the case: The victim, a sixteen (16)-year-old minor who is the househelp of the accused was sexually molested by the accused by means of inserting his finger to the genitalia of the victim and, thereafter, place himself on top of her and insert his genitalia to the victim's, thereby succeeding in having carnal knowledge with the said victim without her consent and against her will in Baclayon, Bohol. The accused on the other hand, posited that the prosecution evidence failed to overcome his constitutional presumption of innocence. He maintains that the prosecution failed to establish that force, threat or intimidation was exerted upon the victim in the alleged commission of the sexual congress with the latter. The Court is convinced that the accused had employed force to subjugate victim’s will. It bears stressing that force need not be irresistible or of such character that it could not be repelled; all that is necessary is that the force used by the accused is sufficient to consummate his evil purpose, or that it was successfully used. It appears that victim later submitted to the accused’s lust out of fear of him because she earlier learned from a neighbor that he had killed someone in the past. She just cried silently. Indeed, the prosecution had amply proved the absence of victim’s consent to the sexual congress. Hence, the accused is convicted for the crimes of Rape and Lascivious Conduct under Section 5(b) of R.A. No. 7610.

Summary of outcome: He is sentenced to suffer the following, viz:

For Rape: he is sentenced to suffer the penalty of Reclusion Perpetua and ordered to pay the victim the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages and P75,000.00 by way of exemplary damages; and

For Lascivious Conduct: he is sentenced to suffer the indeterminate penalty of fourteen (14) years and eight (8) months of reclusion temporal, as minimum, to seventeen (17) years, four (4) months and one (1) day of reclusion temporal, as maximum and ordered to pay the victim the amounts of P50,000.00 as civil indemnity, P50,000.00 as moral damages and P50,000.00 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: PERALTA, J.:

Long title: ROEL PENDOY Y POSADAS, PETITIONER, VS. HON. COURT OF APPEALS (18TH DIVISION) - CEBU CITY; THE HON. DIONISIO CALIBO, JR., PRESIDING JUDGE OF BRANCH 50, REGIONAL TRIAL COURT OF LOAY, BOHOL; AND THE PEOPLE OF THE PHILIPPINES, RESPONDENTS.DECISION

Geolocation 1

Latitude: 9.622385

Longitude: 123.913491

: Geolocation 1

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Pendoy v. CA

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