Petitioner
People
Respondent
Burikat
Citation
G.R. No. 230235
Court
Supreme Court
Division
First Division
Decided
January 31, 2018

Summary

The Supreme Court dismissed the appeal in this qualified rape case involving three counts committed against minor victim AAA by her brother-in-law, accused-appellant Ricky "Dondon" Embuestro. The Court affirmed the lower courts' findings that gave credence to the victim's straightforward testimony over the accused's denial. With qualifying circumstances of minority (victim was 9, 10, and 12 years old) and relationship (brother-in-law) established, the Court imposed reclusion perpetua in lieu of the death penalty for each count. The decision modified the damages award to P100,000 each for civil indemnity, moral damages, and exemplary damages per count, consistent with current jurisprudence. The case demonstrates the Court's continued protection of minor victims and proper application of qualified rape penalties under existing law.

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By the Intellegal Editorial Board · January 31, 2018

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