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People Vs. Tabio

THE PEOPLE OF THE PHILIPPINES, Appellee, versus JIMMY TABIO, Appeellant.

G.R. No. 179477 | 2008-02-06

D E C I S I O N


Tinga, J.:

Appellant Jimmy Tabio was charged with three (3) counts of rape in a single Information,[1] the accusatory portion of which reads as follows:

That between June 13, 2002 and June 28, 2002 in [Aurora[2]] the said accused, did then and there, unlawfully, feloniously and willfully, have carnal knowledge of mentally retarded AAA[3] by means of force and intimidation three times all committed while the victim was alone inside their house and during nighttime which was taken advantage of to facilitate the commission of the crime.

CONTRARY TO LAW.

Appellant pleaded not guilty on arraignment before the Regional...