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People of the Phil. Vs. Conchito Agustin

PEOPLE OF THE PHILIPPINES, Appellee, versus CONCHITO AGUSTIN, Appeellant.

G.R. No. 175325 | 2008-02-27

D E C I S I O N


CARPIO MORALES, J.:

Conchito Agustin[1] (appellant) was convicted for two counts of qualified rape on complaint of AAA, then a minor, by Branch 11 of the Regional Trial Court of Tuao, Cagayan.

The accusatory portion of each of the informations against appellant follows:

In Criminal Case No. 961-T:

That on or about July 7, 2001, in the Municipality of Tuao, Province of Cagayan and within the jurisdiction of this Honorable Court, the said accused Conchito Agustin [y] Villanueva[,] uncle within the third civil degree of the offended party [AAA], a minor 11 years old, thus have moral ascendancy over the complainant,...