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PEOPLE vs Silveno Estado Jr.

PEOPLE OF THE PHILIPPINES, appellee, vs. SILVENO ESTADO y AMISTOSO JR., a.k.a. “NONO,” appellant.

G.R. No. 150867 | 2004-02-05

D E C I S I O N

PANGANIBAN, J.:

Inasmuch as the victim's alleged age was not proven by the prosecution, appellant may be convicted only of simple rape and penalized with reclusion perpetua, not death.

The Case

For automatic review before this Court is the August 30, 2001 Decision[1] of the Regional Trial Court (RTC) of Imus, Cavite (Branch 21), in Criminal Case No. 6396-98, finding Silveno Estado y Amistoso Jr., a.k.a. "Nono," guilty beyond reasonable doubt of rape. The decretal portion of the Decision reads:

"WHEREFORE, finding the accused guilty beyond reasonable doubt of the felony of rape, the accused, Silveno Estado y Amistoso,...