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People Vs. Gilbert Dela Pena

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GILBERT DELA PENA y PONCE, accused-appellant.

G.R. No. 104947 | 1994-06-30

DECISION


KAPUNAN, J.:

At the time of the alleged rape, Erly Rose P. Marasigan was a nine (9) year old third-grade student of a public elementary school in Mayasan, Valenzuela, Metro Manila. On school days, she would take a shortcut using an alley between her school and her home in order to attend her classes between 12:00 noon and 5:00 p.m. On July 18, 1991, the day of the alleged incident, while traversing this route, she noticed a man standing at a corner of the alley, whom she later on identified as the defendant-appellant, Gilbert de la Peña. As she passed by, he grabbed her left arm with both of his hands, pulled her towards a grassy...