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PEOPLE vs Ben Libo-on

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BEN LIBO-ON, accused-appellant.

G.R. No. 136737 | 2001-05-23

D E C I S I O N

GONZAGA-REYES, J.:

This is an automatic review of the decision[1] of the Regional Trial Court, Branch 17, Davao City convicting accused-appellant Ben Libo-on of the crime of rape committed against Analyn Caballes, his fourteen year old niece, and imposing on him the supreme penalty of death.

The Information dated 4 November 1997 charging accused-appellant of the crime of rape reads, as follows:

"The undersigned at the instance of complainant, Analyn Caballes, whose affidavit is hereto attached and made an integral part hereto, accuses the above-named accused of the crime of RAPE under Article 335 of the Revised Penal...