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PEOPLE Vs. Necemio Joaquin

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NECEMIO JOAQUIN y GAMBOA, JR. accused-appellant.

G.R. No. 98007-08 | 1993-08-05

D E C I S I O N


CRUZ, J.:

The appellant was charged with rape in four separate cases that were tried jointly. The first two cases were dismissed for lack of evidence but he was convicted in the other two. He maintains he should have been acquitted in all the four cases.

The complaining witness was Fairy Jane Bunag, who was only ten years old at the time of the alleged incidents. Necemio Joaquin is her uncle, being her mother's brother. In the cases now on appeal, 1 the girl claims he raped her inside her house in Malabon, Metro Manila, on November 8 and 10, 1988.

Accordingly to her, the rapes were committed in virtually identical...