- Petitioner
- Polon
- Respondent
- People
- Citation
- G.R. No. 257809
- Court
- Supreme Court
- Division
- Second Division
- Decided
- February 14, 2022
Summary
John David Mark Polon y Bais was convicted of rape through sexual assault under Article 266-A (2) of the Revised Penal Code. The Supreme Court denied his petition for review and affirmed his conviction, ruling that all elements were proven: the act of sexual assault through insertion of fingers into the victim's vagina accomplished by force and intimidation. The Court rejected arguments about the proximity of the victim's friends and her alleged failure to engage in self-preservation, emphasizing that such circumstances do not negate the crime and that victims under traumatic stress cannot be expected to react predictably. Polon was sentenced to six to ten years imprisonment and ordered to pay ₱30,000 each for civil indemnity, moral damages, and exemplary damages, with 6% annual interest.