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P.P vs. Abay

THE PEOPLE OF THE PHILIPPINES, plaintiff, appellee, vs. RUSTICO ABAY, defendant-appellant.

G.R. No. L-37678 | 1976-04-30

D E C I S I O N

ANTONIO, J:

Appeal from a decision of the Court of First Instance of Manila, Branch XV, convicting appellant Rustico Abay of the crime of Forcible Abduction with Rape and sentencing him to suffer the penalty of reclusion perpetual, to indemnify the offended party in the sum of P6,000.00, and to pay the costs.

The issue is one of credibility - whether Lydia Casaul, an 18-year old girl, was forcibly abused by appellant in the night of May 17, 1971, or whether appellant had carnal knowledge of her with her consent.

The case arose from a complaint filed on May 18, 1971 by complainant Lydia Casaul and her aunt, Amada...