Back

PEOPLE Vs. Cervando V. Patong

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CERVANDO PATONG y VILLANUEVA, alias Nando, accused-appellant.

G.R. No. 96370 | 1993-07-14

D E C I S I O N


CRUZ, J.:

The complaining witness was at the time of the alleged rape a 25-year old mother of three children and five months pregnant. The accused-appellant is her uncle by affinity.

According to Alda Malima Patong, the incident happened at her own house in Jimenez, Misamis Occidental, at about 8 o'clock in the evening of March 22, 1990.

Cervando Patong had earlier that afternoon arrived from Siquijor and visited her husband Joseph Patong, who is his nephew. With three other friends, they drank a gallon of tuba until 5 p.m., when Cervando and the other guests left. Thereafter, following his daily routine, her husband...