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People of the Philippines Vs. Nestor Veluz

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, versus NESTOR VELUZ, Accused-Appealslant.

G.R. No. 167755 | 2008-11-28

D E C I S I O N


AUSTRIA-MARTINEZ, J.:

For review before this Court is the February 9, 2005 Decision[1] of the Court of Appeals (CA) in CA-G.R. CR-HC No. 00073 which affirmed the Decision[2] dated April 30, 2002 of the Regional Trial Court (RTC) of Baler, Aurora, Branch 96, finding Nestor Veluz (appellant) guilty of one count of rape of a minor mental retardate and sentencing him to suffer the penalty of death, with modification as to the damages awarded to the victim.

The Information, dated December 13, 1999, in Criminal Case No. 2535, reads as follows:

That on October 23, 1999 or earlier in x x x, Aurora and within the jurisdiction...