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PEOPLE vs Roberto Banihit

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROBERTO BANIHIT alias "BOBBY", accused-appellant.

G.R. No. 132045 | 2000-08-25

D E C I S I O N

YNARES-SANTIAGO, J.:

On November 7, 1997, the Regional Trial Court of Davao City, Branch 33,1 [Presided by Judge Wenceslao E. Ibabao.] convicted accused-appellant of rape in Criminal Case No. 39,591-97, sentenced him to death and ordered him to indemnify the victim in the sum of P50,000.00.

The victim, Glaiza Mae Banihit, is the niece of accused-appellant. Her father, Napoleon Banihit, is accused-appellant's older brother.2 [TSN, October 14, 1997, p. 4.] At the time of the incident, she was a day short of nine years in age.3 [She was born on September 8, 1988 per Certificate of Live Birth, Exh. "E".]

On September 7,...