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  • People V Bayrante G.R. No. L - 188978

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    Vhe Costan
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    The defendant Marcial Bayrante y Boaquina was charged with two counts of rape of his mentally disabled niece. The trial court convicted the defendant. On appeal, the Court of Appeals affirmed the conviction but modified the damages award. The Supreme Court then affirmed the Court of Appeals decision, ordering the defendant to pay 30,000 pesos in exemplary damages for each rape count, plus 6% annual interest on all damages from the date of the final judgment.

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    Case Digest of People v. Bayrante

    Original Title

    People v Bayrante G.R. No. L- 188978

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    The defendant Marcial Bayrante y Boaquina was charged with two counts of rape of his mentally disabled niece. The trial court convicted the defendant. On appeal, the Court of Appeals affirmed the conviction but modified the damages award. The Supreme Court then affirmed the Court of Appeals decision, ordering the defendant to pay 30,000 pesos in exemplary damages for each rape count, plus 6% annual interest on all damages from the date of the final judgment.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    8 views1 page

    People V Bayrante G.R. No. L - 188978

    Uploaded by

    Vhe Costan
    The defendant Marcial Bayrante y Boaquina was charged with two counts of rape of his mentally disabled niece. The trial court convicted the defendant. On appeal, the Court of Appeals affirmed the conviction but modified the damages award. The Supreme Court then affirmed the Court of Appeals decision, ordering the defendant to pay 30,000 pesos in exemplary damages for each rape count, plus 6% annual interest on all damages from the date of the final judgment.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    Costan, Vhe

    JD-1A

    G.R. No. L- 188978

    People of the Philippines v

    LEONARDO-DE CASTRO , J.:

    FACTS:

    On April 3, 2000, AAA3 filed before the Municipal Trial Court (MTC) of Pili, Camarines, two (2) separate
    complaints against Accused-Appellant Marcial Bayrante y Boaquina for the crime of Rape. Finding
    probable cause that the Accused-Appellant may have committed the crimes charged, the Presiding Judge
    of the MTC ordered the filing of the appropriate Information(s), to which the Office of the Provincial
    Prosecutor concurred.

    Consequently, on September 4, 2002, two (2) separate Informations were filed before the RTC charging
    the Accused-Appellant of two (2) counts of Rape under Art. 266-A of the Revised Penal Code, as
    amended by Republic Act No. 8353. The Information in Crim. Case No. P-3286, which was raffled off to Br.
    31, reads:

    That on or about 8:00 o’clock in the evening of February 19, 2002 at Brgy. Old San Roque, Pili, Camarines
    Sur, Philippines and within the jurisdiction of this Honorable Court, the above-named accused with lewd
    design using force, threats and intimidation, did then and there willfully, unlawfully and feloniously have
    carnal knowledge with his niece [AAA], a 20[-]year[-]old mental retardate whose mental age is 9 to 10
    years of age, against her will, to her damage and prejudice.

    ISSUES:

    Whether the trial court gravely erred in convicting the accused-appellant whose guilt has not been
    proven beyond reasonable doubt.

    DECISION/RULING

    WHEREFORE, premises considered, the Decision dated November 11, 2008 of the Court of Appeals in CA-
    G.R. CR.-H.C. No. 02778 is hereby AFFIRMED with MODIFICATIONS, to wit:

    (1) Appellant Marcial Bayrante is ordered to pay Thirty Thousand Pesos (₱30,000.00) as exemplary
    damages for each count of SIMPLE RAPE, and

    (2) Appellant Marcial Bayrante is further ordered to pay the private offended party interest on all
    damages awarded at the legal rate of six percent (6%) per annum from the date of finality of this
    judgment.

    DOCTRINE:

    Crime of Rape as defined and penalized under Articles 266-A and 266-B of the Revised Penal Code.

    7-31-23

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