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PEOPLE vs Cabingas and Ellevera

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ENRIQUE CABINGAS and REYNALDO DANTE ELLEVERA, accused-appellants.

G.R. No. 79679 | 2000-03-28

D E C I S I O N

PURISIMA, J.:

At bar is an appeal from the Decision, dated May 19, 1986, of Branch XVIII of the Regional Trial Court of Misamis Oriental in Criminal Case No. 3253, finding appellant Reynaldo Dante Ellevera guilty, as principal, and appellant Enrique Cabingas, as accomplice, of the crime of Rape.

Filed on February 11, 1981 by Second Assistant Provincial Fiscal Alejo G. Rola, the Information indicting appellants alleges :

"That on or about the month of March, 1980, in the evening, at Barangay Bobontugan, Municipality of Jasaan, Province of Misamis Oriental, Republic of the Philippines, and within the jurisdiction of this...