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People vs. Amigable

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOEY AMIGABLE, ACCUSED-APPELLANT.

G.R. No. 133857 | 2000-03-31

D E C I S I O N
 
BELLOSILLO, J.:
 
JOEY AMIGABLE appeals from the decision of the court a quo finding him guilty of rape, sentencing him to reclusion perpetua and ordering him to indemnify his victim the amount of P50,000.00.[1]

In an Information dated 23 April 1997 accused-appellant was charged with rape by thirteen (13)-year old Olivia Gallo with the aggravating circumstance of taking advantage of superior strength.

The evidence shows that Olivia resided in Barangay San Andres, Tanay, Rizal, in a house a portion of which was a store selling bread and liquor owned by her grandmother. Adjoining the store was a room...