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PEOPLE vs Antonio Dulindo Esurena

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANTONIO DULINDO ESURE?A, accused-appellant.

G.R. No. 142727 | 2002-01-23

RAPE

Qualifying circumstance of age

Qualifying circumstance of relationship.

Qualifying circumstance that rape was committed in full view of relatives.

Facts:

- Accused-appellant, Esureña, was charged and convicted of rape.

- He allegedly had carnal knowledge with her 13 year old daughter in the presence of her other children.

- He is sentenced to suffer the penalty of death.

- The Supreme Court affirmed the conviction with a modification

Held:

While we affirm the trial court's judgment of conviction, we do not agree with the trial court's imposition of the death penalty. Under Republic Act No. 7659, the imposition of the...