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    Garingarao V People Personal

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    Gerard Lee
    The Supreme Court affirmed the conviction of Garingarao for acts of lasciviousness and violation of RA 7610. AAA, a 16-year old patient, accused Garingarao, a nurse on duty, of sexually abusing her by fondling her breasts and inserting his fingers into her vagina. The trial court found Garingarao guilty beyond reasonable doubt based on AAA's credible testimony. The Court of Appeals and Supreme Court upheld the conviction, finding that even a single act of lasciviousness against a minor under the age of 18 is sufficient to constitute sexual abuse under RA 7610.

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    Garingarao V People Personal

    Uploaded by

    Gerard Lee
    123 views2 pages
    The Supreme Court affirmed the conviction of Garingarao for acts of lasciviousness and violation of RA 7610. AAA, a 16-year old patient, accused Garingarao, a nurse on duty, of sexually abusing her by fondling her breasts and inserting his fingers into her vagina. The trial court found Garingarao guilty beyond reasonable doubt based on AAA's credible testimony. The Court of Appeals and Supreme Court upheld the conviction, finding that even a single act of lasciviousness against a minor under the age of 18 is sufficient to constitute sexual abuse under RA 7610.

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    Case

    Original Title

    Garingarao v People Personal

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    The Supreme Court affirmed the conviction of Garingarao for acts of lasciviousness and violation of RA 7610. AAA, a 16-year old patient, accused Garingarao, a nurse on duty, of sexually abusing her by fondling her breasts and inserting his fingers into her vagina. The trial court found Garingarao guilty beyond reasonable doubt based on AAA's credible testimony. The Court of Appeals and Supreme Court upheld the conviction, finding that even a single act of lasciviousness against a minor under the age of 18 is sufficient to constitute sexual abuse under RA 7610.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    123 views2 pages

    Garingarao V People Personal

    Uploaded by

    Gerard Lee
    The Supreme Court affirmed the conviction of Garingarao for acts of lasciviousness and violation of RA 7610. AAA, a 16-year old patient, accused Garingarao, a nurse on duty, of sexually abusing her by fondling her breasts and inserting his fingers into her vagina. The trial court found Garingarao guilty beyond reasonable doubt based on AAA's credible testimony. The Court of Appeals and Supreme Court upheld the conviction, finding that even a single act of lasciviousness against a minor under the age of 18 is sufficient to constitute sexual abuse under RA 7610.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Unts Digests 1

    Case Title: Garingarao v People


    Reference No.: GR No. 192760

    W/N the CA committed a reversible error in affirming with


    modifications the trial courts decision
    HELD:

    Q:

    FACTS:

    AAA was brought to the Virgen Milagrosa Medical Center by


    her father BBB and mother CCC due to fever and
    abdominal pain
    o
    o

    In the morning, BBB and CCC left to attend to his


    office and CCC to the family store
    When they returned AAA said that she wanted to go
    home; she was permitted by Dr. Morante to be
    discharged from the hospital with instructions that
    she should continue her medications

    Uon coming home AAA revealed that Garingao (nurse on


    duty that day) sexually abused herhe foundled her
    breasts, inserted his fingers into her vagina

    Garingao made the defense that the crime charged against


    him was fabricated because of a heated argument with the
    victims father

    The RTC found Garingao guilty beyond reasonable doubt of


    the crime of acts of lasciviousness in relation to RA 7610
    o

    ISSUE/S:

    Garingarao insists that it was physically impossible for him


    to commit the acts charged against him because there
    were many patients and hospital employees around
    o He further alleges that assuming the charges were
    correct, there was only once incident when he
    allegedly touched AAA and as such, he should have
    been convicted only of acts of lasciviousness and
    not of violation of RA 7610
    Court has ruled that in cases of acts of lasciviousness the
    lone testimony of the offended party, if credible, is
    sufficient to establish the guilt of the accused
    o Also, denial and alibi are considered weak defenses
    against the positive identification by the victim
    Elements of Sexual Abuse under Section 5, Article III of RA
    7610:
    o Accused commits the act of sexual intercourse or
    lascivious conduct
    o Said act is performed with a child exploited in
    prostitution or subjected to other sexual abuse; and
    o The child, whether male or female, is below 18
    years of age
    Lascivious Conduct (Section 32, Article XIII of the IRR of RA
    7610)
    o

    He appealed the decision, however the CA ruled


    that Garingao should be convicted under RA 7610
    because AAA was 16 years old when the crime was
    committed; according to the CA the offender shall
    be charged with rape or lascivious conduct under
    the RPC only if the victim is below 12 years old,
    otherwise the provisions of RA 7610 shall prevail

    The intentional touching, either directly or through


    clothing, of the genitalia, anus, groin, breast, inner
    thigh, or buttocks, or the introduction of any object
    into the genitalia, anus or mouth, of any person,
    whether of the same or opposite sex, with the intent
    to abuse, humiliate, harass, degrade, or arouse or
    gratify the sexual desire of any person, bestiality,
    masturbation, lascivious exhibition of the genitals or
    pubic area of a person

    Prosecution was able to establish that Garingarao touched


    AAAs breasts and inserted his finger into her private part
    for his sexual gratificationhe used his influence as a

    Unts Digests 2

    nurse by pretending that his actions were part of the


    physical examination he was doing
    A child is deemed subject to other sexual abuse when the
    child is the victim of lascivious conduct under the coercion
    or influence of any adultthere must be some form of
    compulsion equivalent to intimidation which subdues the
    free exercise of the offended partys free will
    o Garingarao coerced AAA into submitting to his
    lascivious acts by pretending that he was examining
    her

    ON THE INCIDENT ONLY HAPPENING ONCE

    Section 3(b) of RA 7610 provides that the abuse may be


    habitual or not
    o The fact that the offense occurred only once is
    enough to hold Garingarao liable for acts of
    lasciviousness under RA 7610

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