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PEOPLE Vs. Ernesto B. Dio

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ERNESTO DIO Y BOTABARA, defendant-appellant.

G.R. No. 106493 | 1993-09-08

D E C I S I O N


MELO, J.:

For non-payment of the meager debt of P100.00, accused-appellant Ernesto Dio would have Us believe that the alleged victim of a violacion de una mujer voluntarily offered her body as payment therefor on October 28, 1990. To bolster this theory of consent to the sexual conjugation, accused-appellant claims in the appeal before Us that he and Natividad Bañal, are lovers.

Thus, accused-appellant finds it ironic to have been charged with rape supposedly consummated in this manner:

That on or about the 28th day of October, 1990 at more or less 9:00 o'clock in the morning, at Barangay Bonga-Lower,...