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Deocrecio David vs. Court of Appeals, et al.

DEOCRECIO DAVID, petitioner, vs. HONORABLE COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES, respondents.

G.R. No. 79434 | 1990-02-26

D E C I S I O N


FELICIANO, J.:

In this Petition for Review, petitioner Deocrecio David assails the Decision of the Court of Appeals dated 31 July 1987 in C.A.-G.R. CR No. 03804 which convicted him of consummated rape committed upon the person of private respondent Luzviminda Ganiban.

On 24 September 1960, Purificacion Ganiban, mother and natural guardian of Luzviminda, filed a sworn complaint with the then Justice of Peace of Court of Malinao, Aklan, charging petitioner with having raped Luzviminda.

Because the warrant for the arrest of petitioner was returned unserved, the Justice of the Peace archived the case.

Sixteen (16) years...