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PEOPLE. Vs. Nemsio Tuando

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NEMESIO TUANDO, accused-appellant.

G.R. No. L-47720 | 1987-05-20

D E C I S I O N


SARMIENTO, J.:

On November 21, 1974, the Court of First Instance of Leyte (now the Regional Trial Court of Leyte), Branch IV, sentenced Nemesio Tuando to the supreme penalty of death for the crime of rape under the third paragraph of Article 335 of the Revised Penal Code. 1 He was also ordered to indemnify the offended party the sum of SIX THOUSAND (P6,000.00) PESOS, without subsidiary imprisonment in case of insolvency, and to pay the costs. This case is now before us on automatic review.

In an Information dated December 9, 1975, Nemesio Tuando was charged as follows:

That on or about the 29th day of August, 1975, in...