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PEOPLE vs Pedro Bacaling

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PEDRO BACALING, accused-appellant.

G.R. Nos. 133994-95 | 2003-03-14

D E C I S I O N

AZCUNA, J.:

Pedro Bacaling appeals to us from a decision of the Regional Trial Court of Ozamiz City, Branch 15, in Criminal Cases RTC-1622 and RTC-1623, finding him guilty beyond reasonable doubt, under paragraph 2 of Article 335 of the Revised Penal Code, as amended by R.A. 7659, of raping a mentally retarded woman.[1]

On March 1, 1995, two (2) separate criminal complaints for rape were filed by private complainant Rosenda Sarvida[2] against appellant.[3] The complaints were later amended, with the accusatory portions thereof reading as follows:[4]

Criminal Case No. RTC-1622

That on or about the 13th day of July,...