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PEOPLE Vs. Elpidio Magaluna

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ELPIDIO MAGALUNA, accused-appellant.

G.R. No. 66755 | 1992-01-23

D E C I S I O N


FELICIANO, J.:

Elpidio Magaluna was convicted of rape by the trial court under an information which read as follows:

"xxx xxx xxx

"That on or about the 19th day of June 1972, at about 12:00 o'clock midnight, in the municipality of General Luna, province of Surigao del Norte, Republic of the Philippines and within the jurisdiction of this Honorable Court, the above-named accused, through pretense and abuse of confidence, entered the house of Mr. and Mrs. Cancio E. Berte, which house was at that time occupied by their daughter JUDITH G. BERTE and other companions and once inside, with the use of a sharp-pointed bolo...