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PEOPLE vs Fortunato Balano

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FORTUNATO BALANO, accused-appellant.

G.R. No. 138474 | 2001-03-28

D E C I S I O N

VITUG, J.:

An appeal is taken from the 26th February 1999 decision[1] of the Regional Trial Court of Isulan, Sultan Kudarat, Branch 19,[2] in Criminal Case No. 2329, convicting accused Fortunato Balano of the crime of rape and sentencing him to suffer the penalty of reclusion perpetua and to indemnify the private complainant, Elsie Ninang, the amounts of P50,000.00 for moral damages and P20,000.00 for exemplary damages.

The Information filed before the court a quo charging the accused with the crime of rape read:

"That on or about 10:00 o'clock in the evening of April 20, 1996, at Sitio Binandosan, Barangay...