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PEOPLE vs Elmedio Cajara

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ELMEDIO CAJARA, accused-appellant.

G.R. No. 122498 | 2000-09-27

D E C I S I O N


BELLOSILLO, J.:

ELMEDIO CAJARA alias Elming is before us on automatic review after having been found guilty by the trial court of Qualified Rape and sentenced to death.

The Information alleged that on 30 May 1994 in Barangay Serum, Basey, Samar, the accused Elmedio Cajara, a brother-in-law of Marita B. Cajote and husband of her older sister, by means of force and intimidation, willfully and feloniously had carnal knowledge of her against her will and consent.[1]

On 16 March 1995 the trial court found the accused guilty of rape as defined in Art. 335 of The Revised Penal Code in relation to Sec. 11 of RA 7659, and...