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PEOPLE vs. Guillermo U. Gallano

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GUILLERMO U. GALLANO, defendant-appellant.

G.R. No. L-51565 | 1981-10-23

D E C I S I O N


DE CASTRO*, J.:

Guillermo Gallano appeals from the decision of the Court of First Instance of Rizal, Branch VI, Pasig, sentencing him, for simple rape, to reclusion perpetua and to pay costs.

The facts are simple. As quoted from appellee's brief:

"Early in the evening of November 21, 1976 in Taytay Rizal, complaining witness Victoria Micaller, a retardate, was going up her house when appellant suddenly pulled her forcibly down to a dark room below (TSN, pp. 3-5, May 11, 1978). He embraced her, and as she was still standing, he took off her panty. He pushed her down to the floor and kissed her. Then, pervertedly, he had...