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PEOPLE vs. Expedito Lopez

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EXPEDITO LOPEZ, accused-appellant.

G.R. No. L-45084 | 1984-08-31

D E C I S I O N


FERNANDO, J.:

The feeling of sympathy for complainant in this appeal from a conviction for rape, then a girl of thirteen at the time of the alleged offense, was a natural reaction. Moreover, the accused, appellant Expedito Lopez, was the live-in paramour of her aunt, elder sister of her mother de facto, if not de jure, a relative. A careful and thorough examination of the records of the case reveals, however, that her testimony was insufficient. Neither force nor intimidation was shown. If this were a case of statutory rape, there would have been no need for such evidence. She was, however, more than twelve years of age....