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Decision -5- G.R. No. 228223 criminal info1mation that would have merited its quashal, the defect was never objected to by Pendoy before trial and, thus, he can be convicted of both offenses which were adequately alleged in the Information and established by the prosecution evidence. The CA Ruling On June 24, 2016, the CA rendered its assailed Decision setting aside the December 11, 2014 Decision of the RTC and convicted Pendoy of simple rape and rape by sexual assault, thefallo of which reads: WHEREFORE, the appeal is DENIED for reasons aforestated, the Decision of the Regional Trial Court, , in Criminal Case No. 1089, is hereby SET ASIDE. Roel Pendoy y Posadas is found guilty beyond reasonable doubt of simple rape and is sentenced to suffer the penalty of reclusion perpetua; and rape by sexual assault and is sentenced to suffer the penalty of six (6) years of prision correccional, as minimum, to twelve (12) years of prision mayor, as maximum. Accordingly, Roel Pendoy y Posadas is ordered to pay [AAA] civil indemnity of Fifty Thousand Pesos (PS0,000.00) and moral damages of Fifty Thousand Pesos (PS0,000.00) for the crime of simple rape and another civil indemnity of Thirty Thousand Pesos (P30,000.00) and moral damages of Thirty Thousand Pesos (P30,000.00) for the crime of rape by sexual assault, with six percent (6%) interest from finality of judgment until fully satisfied. ln view of the foregoing, We, ( 1) Order the bonding company concerned to surrender Roel Pendoy y Posadas to the Regional Trial Court, - • for the implementation of this decision, within ten (10) days from notice, and to report to this court the fact thereof, within ten (10) days from notice of such fact; and (2) In case of non-complianc~any, DIRECT the Regional Trial C o u r t , - - - - • (i) to cancel the bond posted for the provisional liberty of Roel Pendoy y Posadas and to require the bonding company to explain its failure to surrender Roel Pendoy y Posadas; (ii) to order the arrest of Roel Pendoy y Posadas for the immediate implementation of this decision; and (iii) to report to this court the action taken hereon, within ten ( 10) days from notice. SO ORDERED. 6 6 Rollo, pp. 163-164. cf(

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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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