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PEOPLE vs. Gabiana y Diaz, Alfredo

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALFREDO GABIANA y DIAZ, accused-appellant.

G.R. No. L-39716 | 1982-09-30

D E C I S I O N


FERNANDO, C.J.:

It is easily understandable why appellant Alfredo Gabiana relies on the constitutional presumption of innocence [1] in seeking the reversal of the judgment of conviction for rape. In a rather comprehensive brief filed by counsel de oficio Gonzalo Gonzalez, it was stressed that the guilt of appellant was not proved beyond reasonable doubt, complainant failing to disclose immediately that she was raped to two prosecution witnesses, and even more damaging to her case, identifying appellant only on May 7, even though her husband had returned on May 5, nine days after the alleged sexual assault. From a careful...