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PEOPLE vs Pedro Gabiana

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PEDRO GABIANA y CARUBAS, accused-appellant.

G.R. No. 123543 | 2000-08-23

D E C I S I O N

PURISIMA, J.:

For automatic review is the Decision1 [Penned by Judge Venancio M. Tarriela.] of Branch 33, Regional Trial Court of Laguna, in Criminal Case No. S-1797, which imposed the supreme penalty of death on appellant Pedro Gabiana y Carubas for the crime of rape; disposing thus:

"WHEREFORE, premises considered, judgment is hereby rendered, finding accused PEDRO GABIANA y CARUBAS Guilty beyond reasonable doubt of the crime of 'RAPE' as charged, and hereby sentences accused to suffer the extreme penalty of 'DEATH'. To pay the offended party the sum of P50,000.00 for moral damages, and to pay the cost.

SO ORDERED."2...