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People vs. Empante

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PEDRO BALIAO EMPANTE @ "PETER," accused-appellant.

G.R. Nos. 130665 and 137996-97 | 1999-04-21

D E C I S I O N

PER CURIAM:

This is an appeal from the decision of the Regional Trial Court of Oroquieta City, Misamis Occidental (Branch 12) finding accused-appellant Pedro Baliao Empante guilty of three counts of rape against his daughter, Elvie Empante, then below 18 years of age, and sentencing him to death and to indemnify his daughter in the amount of P50,000.00 and to pay her moral damages in the amount of P50,000.00 for each count of rape. Accused-appellant admits his guilt. He contends, however, that the trial court erred in sentencing him to death because it should have appreciated two mitigating circumstances in his favor, i.e.,...