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PEOPLE vs De Jesus and Lumibao

PEOPLE OF THE PHILIPPINES, appellee, vs. ARSENIO DE JESUS (acquitted) and RUBEN "AGO" LUMIBAO, accused, RUBEN "AGO" LUMIBAO, appellant.

G.R. Nos. 144080-81 | 2004-01-26

D E C I S I O N

QUISUMBING, J.:

In its joint decision[1] promulgated on May 26, 2000, the Regional Trial Court of Camiling, Tarlac, Branch 68, found appellant Ruben Lumibao guilty of rape beyond reasonable doubt in Criminal Case No. 97-37. After carefully considering the records and the evidence, however, we find merit in his appeal.

The Information filed against Lumibao reads:

That in between the period September 1996 until March 1997 in Cacamilingan Sur, Camiling, Tarlac and within the jurisdiction of this Honorable Court, the above-named accused, being the uncle of the offended party, Agnes C. Lumibao, with lewd designs, did then...