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People vs. Almendral

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, versus JOSELITO ALMENDRAL y ALCASABAS, Accused-Appeellant.

G.R. No. 126025 | 2004-07-06

D E C I S I O N


Tinga, J.:



In this case of incestuous rape, the victim claims she was defiled by her own father about forty (40) times. Moral justice demands that the father be punished for each and every despicable act on his minor daughter, but the law, restricted by the requirements of procedure, allows his conviction only for two counts of simple rape.



This is an appeal from the Decision[1] in Criminal Case No. 9116-B of the Regional Trial Court of San Pedro, Laguna, Branch 31, finding appellant Joselito Almendral y Alcasabas guilty beyond reasonable doubt of the crime of Rape and imposing upon him the penalty of reclusion...