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PEOPLE vs Gaudencio Umbana

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GAUDENCIO UMBA?A y DURAN, accused-appellant.

G.R. Nos. 146862-64 | 2003-04-30

D E C I S I O N

AZCUNA, J.:

On automatic review is the Judgment[1] of the Regional Trial Court of Lianga, Branch 28, of Surigao del Sur, dated December 6, 2000, finding Gaudencio Umbaña y Duran, guilty of three counts of rape, committed against his daughter, complainant Cheril L. Umbaña. For each count, the trial court imposed the penalty of death, indemnity of P75,000.00, moral damages of P50,000.00, exemplary damages of P50,000.00, plus costs.

Quoted hereunder are the three similarly worded informations filed against appellant Gaudencio Umbaña:

CRIMINAL CASE NO. L-1614

That on the 3rd day of September, 1999 at...