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PEOPLE vs Gerardo "Gerry" Evina

PEOPLE OF THE PHILIPPINES, appellee, vs. GERARDO "GERRY" EVINA Y PADUAL, appellant.

G.R. Nos. 124830-31 | 2003-06-27

D E C I S I O N

CALLEJO, SR., J.:

Before us is the appeal of appellant Gerardo Evina from the Decision[1] of the Regional Trial Court, Tacloban City, Branch 9, finding him guilty of two counts of simple rape and sentencing him to suffer the penalty of reclusion perpetua for each count.

On November 21, 1991, two Informations[2] were filed with the Regional Trial Court of Tacloban City charging the appellant with rape. The accusatory portion of each of the Informations respectively read as follows:

That on or about the 3rd day November, 1991, in the City of Tacloban, Philippines, within the jurisdiction of this Honorable Court, the...