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Q: After he placed oil [on] his penis and placed oil [on] your vagina, what did he do next? A: : He rubbed his penis on my vagina.[25] The rape on the second week of October 2001 (Criminal Case No. 07-CR- 6766) xxxx Q: And after pulling down your pants and panty, what did he do next? A: Sir, he again placed cooking oil on his penis and [on] my vagina and he again rubbed his penis into my vagina. xxxx Q: And did you feel anything when he rubbed his penis [on] your vagina? A: Yes, sir, it was quite painful.[26] Regarding the rape allegedly committed during the first week of September 2001 (Criminal Case No. 07-CR 6767) "BBB" narrated her horrifying experience as follows: Q: So after Noel Bejim sat beside you, did Noel Bejim do anything else? A: Yes, sir. Q: What did he do? A: He pulled me and let me lie down on the sofa. Q: Was he able to make you lie down on the sofa? A: Yes, sir. Q: And when he was able to lay you down on the sofa, what did he do next, if any? A: He lifted my skirt and ... Q: After he lifted your skirt, what did he do next, if any? A: He brought down my panty and he pulled down his clothes. Q: What clothes did he bring down? A: Sir, his pants sir and his brief.

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People v. Bejim

Jurisprudence

Case number: G.R. No. 208835

Division: PH Supreme Court First Division

Date of decision: Ene 19, 2018

Year of decision: 2018

GBV Case Type

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

Nature of the case: The accused who is the helper of victim CCC's father had a carnal knowledge with the latter while victim AAA and BBB was sexually abused by the accused by means of rubbing the latter's male genitalia with the two victims' private part in the Province of Benguet. Initially, the accused was charged before the RTC of La Trinidad, Benguet, with 7 counts of statutory rape under 7 separate informations. The offense charged concerning victims AAA and BBB was not proven by the prosecution as regards the actual penetration and thereby convicting the accused of Acts of Lasciviousness under Article 336 of the Revised Penal Code (RPC) in relation to Section 5 of Republic Act (RA) No. 7610. However, as to the crime committed by the accused against victim CCC, the former was convicted of Statutory Rape in accordance with Article 266-B of the RPC, as amended, in relation to Section 5(b), Article III of RA 7610.

Summary of outcome

The accused is found guilty of Acts of Lasciviousness under Article 336 of the Revised Penal Code (RPC) in relation to Section 5 of Republic Act (RA) No. 7610 and Statutory Rape in accordance with Article 266-B of the RPC, as amended, in relation to Section 5(b), Article III of RA 7610. He is sentenced to suffer the following, viz:

Indeterminate prison term of thirteen (13) years, nine (9) months and ten (10) days of reclusion temporal minimum, as minimum, to sixteen (16) years, five (5) months and nine (9) days of reclusion temporal medium, as maximum and to pay the victims he amounts of Php20,000.00 as civil indemnity, Php15,000.00 as moral damages, Php15,000.00 as exemplary damages, and Php15,000.00 as fine, for each count of acts of lasciviousness; and
Imprisonment of reclusion perpetua for each count and ordered to pay the offended party the amounts of Php75,000.00 as civil indemnity, Php75,000.00 as moral damages and Php75,000.00 as exemplary damages for each count of rape all of which shall have 6% interest per annum from the date of finality of this judgment until fully paid.

Observatory: Gender-Based Violence

Ponente: DEL CASTILLO, J.:

Long title: PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. NOEL BEJIM Y ROMERO, ACCUSED-APPELLANT.

Geolocation 1

Latitude: 16.46243

Longitude: 120.587831

: Geolocation 1

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People v. Bejim

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