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PEOPLE vs. Clemente de la Pena

PEOPLE OF THE PHILIPPINES, plaintiff-appellee vs. CLEMENTE DE LA PENA, alias "AYAG," defendant-appellant.

G.R. No. 116060 | 1997-07-31

D E C I S I O N


BELLOSILLO, J.:

CLEMENTE DE LA PEá'A alias Ayag, a 56-year old bachelor, was convicted of rape for having carnal knowledge of 10-year old Janet Bajao on 19 April 1991. The trial court sentenced him to reclusion perpetua and ordered him to indemnify his victim P50,000.00 for moral damages and another P50,000.00 for exemplary damages, and to pay the costs. 1

By the victim's account, while she was alone gathering firewood at about 1:00 o'clock in the afternoon of 19 April 1991 in the coconut plantation of Catalino Ipanag in Sitio Min-abaca, Barangay South Poblacion, Medina, Misamis Oriental, accused Clemente de la Peña suddenly...