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People of the Philippines Vs. Benjie Resurrection

People of the Philippines, Plaintiff-Appellee, versus Benjie Resurreccion, Accused-Appeellant.

G.R. No. 185389 | 2009-07-07

D E C I S I O N


CHICO-NAZARIO, J.:

Before Us is an appeal from the Decision[1] of the Court of Appeals filed by Benjie Resurreccion (Benjie), dated 24 March 2008, which affirmed with modifications the Decision[2] of the Regional Trial Court (RTC) of Malaybalay, Bukidnon, Branch 8, finding him guilty of Simple Rape.

On 20 June 2001, Benjie was charged before the RTC with Rape under Article 266-A of the Revised Penal Code, as amended by Republic Act No. 8353. The accusatory portion of the Information reads:

That on or about the 5th day of December, 2000 in the afternoon, at Purok XXX, Barangay XXX, Municipality of XXX, Province of XXX,...