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PEOPLE vs. Maximo Malabad

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MAXIMO MALABAD, accused-appellant.

G.R. No. L-63219 | 1984-11-28

D E C I S I O N


ABAD SANTOS, J.:

MAXIMO MALABAD was accused of rape in Criminal Case No. 1014 of the defunct Court of First Instance of Cagayan in an information which reads as follows:

"That on or about November 29, 1977, in the municipality of Solana, province of Cagayan, and within the jurisdiction of this Honorable Court, the said accused Maximo Malabad y Carodan, by means of force, did then and there willfully, unlawfully and feloniously have sexual intercourse with the offended party Natividad Malabad, against her will."

(Expediente, p. 33.)

Arraigned on August 23, 1978, he pleaded NOT GUILTY. (Id., p. 57.) After trial, he was...