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People vs. Edgardo Lupac y Flores

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, Versus EDGARDO LUPAC y FLORES, Accused-Appellant.

G.R. No. 182230 | 2012-09-19

FIRST DIVISION
D E C I S I O N
 
 
BERSAMIN, J.: 
 
Under appeal is the decision promulgated on November 23, 2007,1 whereby the Court of Appeals (CA) affirmed the rape conviction of Edgardo Lupac y Flores but modified the trial court's characterization of the offense as statutory rape because of the failure of the People to properly establish the victim's minority under 12 years at the time of the commission of the rape.
 
The information filed on August 16, 1999 under which Lupac was arraigned and tried for statutory rape alleged as follows:
 
That on or about the 21st day of May, 1999 in the Municipality of...