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People of the Philippines Vs. Rogelic Abrencillo

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, versus ROGELJO ABRENCILLO, Accused- Appellant.

G.R. No. 183100 | 2012-11-28

FIRST DIVISION

DECISION

BERSAMIN, J.:

This appeal seeks to undo the conviction of the accused for the rape he had committed against AAA,1 the 15-year-old daughter of BBB, his common-law wife. The Regional Trial Court, Branch 61, in Gumaca, Quezon (RTC) sentenced him to death on March 4, 2002 on the ground that the crime was qualified by his being the step-father of the victim and her minority under 18 years. By its January 29, 2008 decision rendered in CAG.R.CR-HC No. 01123,2 however, the Court of Appeals (CA) affirmed the conviction but found the crime to be simple rape, reducing the penalty to reclusion perpetua.

The records show that the...