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PEOPLE vs Federico Orbita

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FEDERICO ORBITA, accused-appellant.

G.R. No. 136591 | 2002-07-11

D E C I S I O N

PUNO, J.:

Accused-appellant Federico Orbita y Retumba was charged with the crime of Rape in an Information which reads, thus:

"That on or about April 14, 1995, in the Municipality of Biñan, Province of Laguna, and within the jurisdiction of this Honorable Court, accused Federico Orbita y Retumba, with lewd design and by means of force, violence and intimidation, did then and there, wilfully, unlawfully and feloniously have carnal knowledge of said Marijoy Sumapang y Tijano, against her will and consent, to her damage and prejudice.

CONTRARY TO LAW."[1]

On July 19, 1995, appellant Orbita pleaded "not guilty" to...