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    Malto Vs People

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    Seventeen 17
    Malto engaged in unwanted sexual advances with AAA on two occasions, bringing her to a motel against her will and sexually assaulting her. AAA ended their relationship after learning Malto was sexually harassing students. She filed a complaint against Malto which led to criminal charges. The court held that while Malto was convicted under the special law RA 7610, he was still entitled to the benefits of the Indeterminate Sentence Law since the penalties were taken from the Revised Penal Code. He was sentenced to a maximum term within the range of reclusion temporal and a minimum term within the next lower penalty of prision mayor.

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    Malto Vs People

    Uploaded by

    Seventeen 17
    44 views1 page
    Malto engaged in unwanted sexual advances with AAA on two occasions, bringing her to a motel against her will and sexually assaulting her. AAA ended their relationship after learning Malto was sexually harassing students. She filed a complaint against Malto which led to criminal charges. The court held that while Malto was convicted under the special law RA 7610, he was still entitled to the benefits of the Indeterminate Sentence Law since the penalties were taken from the Revised Penal Code. He was sentenced to a maximum term within the range of reclusion temporal and a minimum term within the next lower penalty of prision mayor.

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    malto vs people

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    Malto engaged in unwanted sexual advances with AAA on two occasions, bringing her to a motel against her will and sexually assaulting her. AAA ended their relationship after learning Malto was sexually harassing students. She filed a complaint against Malto which led to criminal charges. The court held that while Malto was convicted under the special law RA 7610, he was still entitled to the benefits of the Indeterminate Sentence Law since the penalties were taken from the Revised Penal Code. He was sentenced to a maximum term within the range of reclusion temporal and a minimum term within the next lower penalty of prision mayor.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    44 views1 page

    Malto Vs People

    Uploaded by

    Seventeen 17
    Malto engaged in unwanted sexual advances with AAA on two occasions, bringing her to a motel against her will and sexually assaulting her. AAA ended their relationship after learning Malto was sexually harassing students. She filed a complaint against Malto which led to criminal charges. The court held that while Malto was convicted under the special law RA 7610, he was still entitled to the benefits of the Indeterminate Sentence Law since the penalties were taken from the Revised Penal Code. He was sentenced to a maximum term within the range of reclusion temporal and a minimum term within the next lower penalty of prision mayor.

    Copyright:

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

    Case Digest: Malto vs. People G.R. No.

    164733, September 21, 2007

    Facts:

    In the Year 1996, Malto and private respondent AAA started to frequently exchange messages and calls. Their
    conversation always started innocently but he had a way of veering the subject to sex. Soon, they had a "mutual
    understanding" and became sweethearts. On November 19, 1997, AAA agreed to have lunch with petitioner outside
    the premises of the college. She was surprised when he brought her to Queensland Lodge on Harrison St. in Pasay
    City. Once inside the motel room, he kissed her at the back and neck, touched her breasts and placed his hand
    inside her blouse. She resisted his advances but he was too strong for her. He stopped only when she got angry at
    him.

    On November 26, 1997, Malto asked AAA to come with him so that they could talk in private. He again brought her
    to Queensland Lodge. As soon as they were inside the room, he took off his shirt, lay down in bed and told her,
    "halika na, dito na tayo mag-usap." She refused but he dragged her towards the bed, kissed her lips, neck and
    breasts and unsnapped her brassiere. She struggled to stop him but he overpowered her. He went on top of her,
    lowered her pants and touched her private part. He tried to penetrate her but she pushed him away forcefully and
    she sat up in bed. He hugged her tightly saying, "Sige na, AAA, pumayag ka na, I won’t hurt you." She refused and
    said, "Mike, ayoko." Pressured and afraid of his threat to end their relationship, she hesitantly replied "Fine." On
    hearing this, he quickly undressed while commenting "ibibigay mo rin pala, pinahirapan mo pa ako" and laughed.
    They had sexual intercourse.

    In July 1999, AAA ended her relationship with petitioner. She learned that he was either intimately involved with or
    was sexually harassing his students in Assumption College and in other colleges where he taught. On learning what
    her daughter underwent in the hands of petitioner, BBB filed an administrative complaint in Assumption College
    against him. She also lodged a complaint in the Office of the City Prosecutor of Pasay City which led to the filing of
    Criminal Case No. 00-0691.

    Issue:

    Whether or not the Indeterminate Sentence Law can be applied

    Held:

    Yes. The penalty prescribed for violation of the provisions of Section 5, Article III of R.A. 7610 is reclusion temporal
    in its medium period to reclusion perpetua. In the absence of any mitigating or aggravating circumstance, the proper
    imposable penalty is reclusion temporal in its maximum period, the medium of the penalty prescribed by the law.
    Notwithstanding that RA 7610 is a special law, petitioner may enjoy the benefits of the Indeterminate Sentence
    Law. Since the penalty provided in RA 7610 is taken from the range of penalties in the Revised Penal Code, it is
    covered by the first clause of Section 1 of the Indeterminate Sentence Law. Thus, he is entitled to a maximum term
    which should be within the range of the proper imposable penalty of reclusion temporal in its maximum period and
    a minimum term to be taken within the range of the penalty next lower to that prescribed by the law: prision mayor
    in its medium period to reclusion temporal in its minimum period (ranging from 8 years and 1 day to 14 years and
    8 months).

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