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Decision - 13 - G.R. No. 228223 amended by R.A. No. 8353. Nevertheless, the imposable penalty is still reclusion temporal in its medium period, and not prision mayor. Whereas if the victim is 12 years old and under 18 years old, or 18 years old and above under special circumstances, the nomenclature of the crime should be "Lascivious Conduct under Section 5(b) of R.A. No. 7610" with the imposable penalty of reclusion temporal in its medium period to reclusion perpetua, but it should not make any reference to the provisions of the RPC. It is only when the victim of the sexual assault is 18 years old and above, and not demented, that the crime should be called as "Sexual Assault under paragraph 2, Article 266-A of the RPC" with the imposable penalty of prision mayor. (Italic ours) In line with the foregoing pronouncement, the June 24, 2016 Decision of the CA should be modified by convicting Pendoy of the crime of Lascivious Conduct under Section 5(b) of R.A. No. 7610, instead of rape by sexual assault. Applying the Indeterminate Sentence Law, the minimum term of the indeterminate penalty shall be taken from the penalty next lower in degree, i.e., prision mayor in its medium period to reclusion temporal in its minimum period, or anywhere from eight (8) years and one (1) day to fourteen (14) years and eight (8) months, while the maximum term shall be that which could be properly imposed under the law, which is seventeen (17) years and one (1) day to twenty (20) years of reclusion temporal maximum. This Court deems it proper to impose on petitioner Pendoy 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. The Court affirms that Pendoy should suffer the penalty of reclusion perpetua for Rape in accordance with paragraph l(a) of Article 266-A in relation to Article 266-B of the RPC, as amended by R.A. No. 8353. Coming now to the pecuniary liabilities, the Court finds that the award of civil indemnity and moral damages for the crime of Rape should be increased to P75,000.00 each in line with the ruling in People v. Jugueta. 27 In addition, the Court awards the victim AAA with exemplary damages of P75,000.00 as deterrent to elders who abuse and corrupt the youth, and to protect the latter from sexual abuse. 28 For the crime of Lascivious Conduct under Section 5(b) of R.A. No. 7610, the Court, likewise, finds it apt to the award exemplary damages in addition to civil indemnity and moral damages, the amount of which should all be fixed at P50,000.00 each in line with existing jurisprudence. 29 Further, six percent (6%) interest per annum shall be imposed on all damages awarded to be reckoned from the date of the finality of this judgment until fully paid. 30 I 27 28 29 30 783 Phil. 806 (2016). People v. Layco, Sr., 605 Phil. 877, 882 (2009). People v. Tulagan, supra note 26. People v. Romobio, G.R. No. 227705, October 11, 2017.

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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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