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PEOPLE vs Toribio Galido Y De La Cruz

PEOPLE OF THE PHILIPPINES, appellee, vs. TORIBIO GALIDO y DE LA CRUZ, appellant.

G.R. Nos. 148689-92 | 2004-03-30

D E C I S I O N

PANGANIBAN, J.:

An information that fails to allege the use of force and intimidation in a rape case is cured by the failure of the accused to question before the trial court the sufficiency of that information; by the allegation in the original complaint that the accused is being charged with rape through force and intimidation; and by unobjected competent evidence proving that the rape was indeed committed through such means.

Statement of the Case

Toribio Galido appeals the April 20, 2001 Decision[1] of the Regional Trial Court (RTC) of Sorsogon, Sorsogon (Branch 53), in Criminal Case Nos. 96-4254, 96-4255, 96-4256...