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People of the Philippines Vs. Rolly Montesa Y Lumiran

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, versus ROLLY MONTESA y LUMIRAN, Accused-Appeellant.

G.R. No. 181899 | 2008-11-27

D E C I S I O N


CHICO-NAZARIO, J.:

For review is the Decision of the Court of Appeals in CA-G.R. CR HC No. 00314, dated 22 December 2006,[1] affirming with modifications the Decision of the Regional Trial Court (RTC), Branch 61, of Kabankalan City, Negros Occidental, in Criminal Case Nos. 98-2035 and 98-2036,[2] finding accused-appellant Rolly Montesa y Lumiran guilty of rape and imposing upon him the supreme penalty of death in each of the cases.

The records of the case generate the following facts:

On 29 December 1997, two separate informations[3] were filed with the RTC charging appellant with rape, thus:

In Criminal Case No....