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PEOPLE vs. Tomas Montalvo

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. TOMAS MONTALBO alias "TOMMY", defendant-appellant.

G.R. No. L-38818 | 1984-07-25

D E C I S I O N


MAKASIAR, J.:

The instant case was instituted upon a complaint for rape subscribed and sworn to by Nenita Perez and filed by her on May 6, 1971, with the then Municipal Court of Ibaan, Province of Batangas reading as follows:

"The undersigned under oath hereby accuses TOMAS MONTALBO, a resident of Poblacion, Ibaan, Batangas of the crime of 'RAPE' committed as follows:

"'That on or about December 19, 1970 in the evening, in the house of Tomas Montalbo, located at Poblacion, municipality of Ibaan, province of Batangas, Philippines and within the jurisdiction of this Honorable Court the above-named accused unlawfully,...