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Decision - 6- G.R. No. 228223 Citing People v. Patosa, 7 the CA held that since Pendoy is definitely charged with rape, he cannot be convicted of qualified seduction because the charge of rape does not include qualified seduction. After reviewing and examining the records of Criminal Case No. 1089, the CA declared that all the elements of simple rape and rape by sexual assault were duly alleged in the Information and were satisfactorily established by the prosecution through the testimony of AAA. The appellate court rejected Pendoy's twin defenses of denial and alibi holding that the same were not substantiated by clear and competent evidence, and not at all persuasive when pitted against the positive and convincing identification by AAA. Pendoy filed a motion for reconsideration, but the same was denied by the CA in its October 27, 2016 Resolution. 8 The Issue Unfazed, Pendoy filed the present petition and raises the following sole issue: The assailed Decision dated 24 June 2016 as well as the assailed Resolution dated 27 October 2016 both issued by first public respondent Honorable Court of Appeals were, with all due deference to all concerned, both issued with grave abuse of discretion amounting to lack or excess of jurisdiction because the conclusions of law drawn therefrom vis-a-vis the facts clearly established therein are gravely erroneous, xx x. 9 Essentially, petitioner claims 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 AAA in the alleged commission of the sexual congress with the latter, and this is also in consonance with the findings of the RTC. Pendoy argues that the CA erred in giving credence to the testimony of AAA which he alleged to have been riddled with inconsistencies and improbabilities tending to cast serious doubt on the veracity of her charge. Petitioner points out that AAA' s actuations were inconsistent to that of one who had just been raped as AAA was seen happy, jovial and kept on sending text messages right after the alleged incident of felonious coitus. Pendoy submits that even assuming that he had sexual intercourse with AAA, a reading of the latter's narration of the events leading to the alleged 437 Phil. 63, 75 (2002). Rollo, pp. 186-190. Id. at 6. (Citation omitted) /I

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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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