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Decision -4- G.R. No. 228223 he asked the policemen why they had to fetch AAA, and they answered that AAA was reportedly raped by him at 6 o'clock in the: evening of that day. This came as a surprise to him because he was not in his house the whole day. The police also told him that maybe AAA just wanted to go home. The RTC Ruling In its December 11, 2014 Decision, 4 the RTC convicted Pendoy of the crime of Qualified Seduction, the dispositive portion of which reads: Wherefore, premises considered, the court hereby finds accused guilty beyond reasonable doubt of qualified seduction. Accordingly, the accused is hereby sentenced to an indeterminate penalty of six months of Arresto Mayor to four years and two months of Prision Correccional Medium. He is further ordered to indemnify the victim the amount of P20,000 in moral damages and P20,000 in exemplary damages. SO ORDERED. 5 The RTC ratiocinated that while it is morally convinced that the penis of Pendoy at least touched the pudenda of AAA, there is, however, no showing that accused employed force, violence or intimidation in the commission of the sexual molestation and, hence, Pendoy cannot be held criminally liable for rape. The RTC, however, ruled that Pendoy is guilty of qualified seduction committed against AAA, who was then sixteen years old and under his custody at the time of the perpetration of the said crime. Not in conformity, Pendoy appealed the December 11, 2014 RTC Decision before the CA. In his Appellant's Brief, Pendoy argued that his conviction of the crime of qualified seduction was erroneous because the recital of facts in the Information does not constitute said crime. He claimed that he is entitled to an acquittal inasmuch as his conviction violated his constitutional right to due process, particularly his right to be informed of the nature and cause of the accusation against him. The OSG, in the Appellee's Brief, concurred with Pendoy's observation and conceded that the RTC wrongly convicted him of qualified seduction. It, however, submitted that Pendoy should be held criminally liable for rape and for rape by sexual assault contending that the elements of these two crimes were sufficiently alleged in the Information and were duly proven during trial. According to the OSG, although these two offenses were charged in the same Penned by Judge Dionisio R. Calibo, Jr.; rollo, pp. 34-57. Id. at 57. (Citation omitted) (JI

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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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