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People of the Philippines Vs. Elmer Barberos alias "EMIE"

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, versus ELMER BARBEROS alias “EMIE,” Accused-Appeellant

G.R. No. 187494 | 2009-12-23

D E C I S I O N


VELASCO, JR., J.:

The Case

Before us is an appeal from the Decision[1] dated March 5, 2008 of the Court of Appeals (CA) in CA-G.R. CEB-CR-HC No. 00316 which affirmed with modification the Judgment[2] of the Regional Trial Court (RTC), Branch 14 in Cebu City, convicting accused-appellant Elmer Barberos alias "Emie" of the crime of rape.

The Facts

In an Information dated January 11, 1999 filed before the RTC of Cebu City and docketed thereat as Criminal Case No. CBU-49307, appellant Elmer was indicted for the crime of rape, as defined under Article 266-A of the Revised Penal Code (RPC), as amended by Republic Act No....