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PEOPLE. Vs. Antonio Pailano

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANTONIO PAILANO, accused-appellant.

G.R. No. 43602 | 1989-01-31

D E C I S I O N


CRUZ, J.:

At the time the rape was allegedly committed by the accused-appellant, he was already sixty-nine years old. 1 The prosecution will have to contend not only with the presumption of innocence but also of impotence.

The crime was allegedly perpetrated in October of 1971 in Barrio Sampinit-Baybay in the City of Bago. 2 It was reported to the authorities on December 24, 1971, 3 and the corresponding criminal complaint was filed on July 10, 1972. 4 Judgment was rendered on January 30, 1976, sentencing the accused-appellant to reclusion perpetua plus civil indemnity of P2,000 and the costs. 5 He now wants this...