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PEOPLE vs Rolando Tabanggay

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROLANDO TABANGGAY, accused-appellant.

G.R. No. 130504 | 2000-06-29

D E C I S I O N

PANGANIBAN, J.:

In accusations involving incestuous rape, the relationship of the accused with the offended party as well as the latter's age must be alleged in the information and proven by the prosecution with competent evidence during the trial. A bare photocopy of the victim's Birth Certificate which is neither certified nor offered formally in evidence is not sufficient proof of her age.

Statement of the Case

For automatic review is a Joint Decision1 [Rollo, pp. 58-63.] dated May 16, 1997 issued by the Regional Trial Court (Branch 39)2 [Presided by Judge Marciano T. Virola.] of Calapan, Oriental Mindoro, in...