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PEOPLE vs Abel Abacia, et al

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ABEL ABACIA and DANILO “Boyet” ALVAREZ, accused, / DANILO “Boyet” ALVAREZ, accused-appellant.

G.R. Nos. 135552-53 | 2001-06-21

D E C I S I O N

YNARES-SANTIAGO, J.:

Accused-appellant Danilo Alvarez alias Boyet and Abel Abacia were both charged with two counts of rape before the Regional Trial Court of Surigao City.

Only accused-appellant Danilo Alvarez was apprehended. Upon being arraigned, he pleaded "not guilty."

At around four o'clock in the afternoon of January 5, 1996, private complainant Rosalinda Caday went to the house of appellant Danilo Alvarez to visit Nenita Cortes, the daughter of appellant's wife with another man. While she was there, appellant Danilo Alvarez and Abel Abacia, an itinerant vendor who sells shirts and pants on credit, arrived at the...