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PEOPLE. Vs. Nicanor de Los Santos

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NICANOR DE LOS SANTOS, defendant-appellant.

G.R. No. 55082 | 1989-04-19

D E C I S I O N


GANCAYCO, J.:

Does a court have jurisdiction to entertain a complaint for rape not subscribed or initiated by the victim who was already of legal age at the time the crime was committed? This is the main issue presented to this Court by appellant who was convicted of the crime of rape by the Court of First Instance of Cebu, Branch XV in Criminal Case No. AR-288.

As gathered from the records of this case, the essential facts are as follows:

In April, 1973, Luzviminda Tan, a beautiful lass at the age of 23, went to stay with her aunt Calixta de los Santos in Alcoy, Cebu for a vacation. At about eight o'clock in the...