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People vs. Pena

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROLANDO PENA Y CAYAS, accused-appellant.

G.R. No. L-36435 | 1977-12-20

D E C I S I O N

AQUINO, J:

This is a case of forcible abduction with rape. The trial court convicted the accused, Rolando Peña, of rape only. It found that forcible abduction was not proven because lewd designs were absent in the taking by the accused of the complainant, Esther Tayag, from Ocampo Street, Caloocan City to an isolated hut in Manila Bay near Lido Beach, Noveleta, Cavite, where she was allegedly raped.

Peña, twenty-eight years old, single, a native of General Trias, Cavite, formerly a second year college student at the Feati University and a resident of 3435 A. B. Tan Street, Barrio Obrero, Tondo, Manila, was a security guard of...