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People of the Philippines Vs. Alberto L. Mahinay

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, versus ALBERTO L. MAHINAY, Accused-Appeellant.

G.R. No. 179190 | 2009-01-20

D E C I S I O N


CHICO-NAZARIO, J.:

This is an appeal from the Decision[1] of the Court of Appeals dated 26 October 2006 in CA-G.R. CR H.C. 00172, affirming with modification the Decision of the Regional Trial Court (RTC) of Cebu in Criminal Case No. CBU-48322 dated 14 January 2000, finding accused-appellant Alberto L. Mahinay (Mahinay) guilty beyond reasonable doubt of the crime of rape.

Mahinay was charged with rape in an Amended Information which reads:

That on the 5th day of April, 1998, at around 8:00 o'clock in the evening, at Barangay Lawaan II, Municipality of Talisay, Province of Cebu, Philippines, and within the jurisdiction...