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PEOPLE vs Faustino Dulay

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FAUSTINO DULAY @ "FAUS", accused-appellant.

G.R. No. 144082-83 | 2002-04-18

SIMPLE RAPE

Facts:

The victim is the adopted child of the common-law wife of accused-appellant. 9 year old Princess Diana was under the custody of accused appellant when she was raped by the latter. The Information alleged that the accused was aware that he is afflicted with STD. This fact, however, was not proven by the prosecution.

Accused-appellant denied the allegations. He argued that if he indeed raped the child, her sex organ would have been severely injured. Accused also requested the court to examine his penis in order to bolster his argument.

He was found guilty beyond reasonable doubt of simple rape.

Issues:

Whether it is...