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PEOPLE vs Roque Estopito

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROQUE ESTOPITO @ KIKING, accused-appellant.

G.R. No. 136144 | 2002-01-15

D E C I S I O N

VITUG, J.:

Appellant Roque Estopito alias "Kiking" was charged with the crime of rape in a criminal complaint, dated 22 November 1994, viz:

"I, LUCIA RAMAS y BATULAN, of legal age, Filipino, married, and resident of Davao City, in my minor 12-year [old] daughter BRENDA RAMAS y BATULAN's behalf, swear under the law, and charges the Accused ROQUE ESTOPITO alias "Kiking" of the felony of RAPE under article 335 of the Revised Penal Code (as amended) because:

"Last 20 November 1994, at or about 5:00 in the afternoon, in the premises of the back of Magsaysay Elementary School, Daliao, Toril, Davao City, Philippines and within...