CASE 2019-0009: PEOPLE OF THE PHILIPPINES VS. VICENTE VAÑAS Y BALDERAMA (G.R. NO. 225511, 20 MARCH 2018, DEL CASTILLO, J.) (SUBJECT/S: RAPE) (BRIEF TITLE: PEOPLE VS VAÑAS)

 

DISPOSITIVE:

 

“WHEREFORE, the appeal is PARTIALLY GRANTED. Appellant Vicente Vafias y Balderama is found GUILTY beyond reasonable doubt of  qualified rape in Criminal Case No. 6072 and is sentenced to suffer the penalty of reclusion perpetua without eligibility for parole and to pay “AAA” the amounts of Pl00,000.00 as civil indemnity, Pl 00,000.00 as moral damages and Pl00,000.00 as exemplary damages. All monetary awards shall earn interest at the rate of six percent ( 6%) per annum from date of finality of this Decision until fully paid. Appellant is ACQUITTED in Criminal Case No 6073.

 

SO ORDERED.”

  

SUBJECTS/DOCTRINES/DIGEST:

 

“An examination of the Information shows the insufficiency of the legations therein as to constitute the offense of violation of Section 5 of RA 7610 as it does not contain all the elements that constitute the same. To be more precise, there was a complete and utter failure to allege in the Information that the sexual intercourse was “performed with a child exploited in prostitution or subjected to other sexual abuse”. “A child is deemed exploited or subjected to other sexual abuse, when the child indulges in sexual intercourse or lascivious conduct (a) for money, profit, or any other consideration, or (b) under the coercion or influence of any adult, syndicate or group.” 17

 

  

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

SCD-2019-0009-PEOPLE OF THE PHILIPPINES VS. VICENTE VAÑAS Y BALDERAMA

 

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