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People Vs. Bernardo Z. Obaldo111 Phil. 838

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BERNARDO Z. OBALDO, defendant-appellant.

G.R. No. L-13976 | 1961-04-29

D E C I S I O N 


PAREDES, J.: 

Appellant Bernardo Z. Obaldo was found guilty of "rape with murder", attended by the aggravating circumstances that the crime was committed with cruelty, at night time, in an uninhabited place, and after taking advantage of superior strength, and sentenced to suffer death penalty, to indemnify the heirs of the offended party in the sum of P3,000.00 and to pay the costs. 

From the evidence adduced by the prosecution, the following facts are gleaned: 

At about 6:30 a.m., on October 30, 1957, Fernando Garcia, Jr. and his 12 year old sister, Marcela Garcia alias Mercy, went to gather slab at Fort...