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PEOPLE vs Oscar Nogar

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. OSCAR NOGAR y MACEDA, accused-appellant.

G.R. No. 133946 | 2000-09-27

D E C I S I O N


VITUG, J.:

Elevated to this Court for automatic review is the decision, dated 16 February 1998, of the Regional Trial Court of Pasig City, Branch 166,[1] the decretal portion of which reads:

"WHEREFORE, the Court finds accused Oscar Nogar y Maceda guilty beyond reasonable doubt of the Crime of Rape and considering that the victim Roselle Labenia was under eighteen (18) years old and related to the accused within the third civil degree of affinity, he is hereby sentenced to suffer the supreme penalty of DEATH and indemnify the victim the sum of P50,000.00, as moral damages, plus the cost of suit.

"SO ORDERED."[2]

The...