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PEOPLE vs. EXEQUIEL MAHINAY

PEOPLE OF THE PHILIPPINES, appellee, vs. EXEQUIEL MAHINAY, appellant.

G.R. No. 139609 | 2003-11-24

D E C I S I O N

CALLEJO, SR., J.:

Leny Riovaldez was born on April 13, 1986 to the couple Eliseo and Norma Riovaldez, residents of San Diego Street, Canumay, Valenzuela.[1] The couple had another daughter, Ellen. Norma's first cousin, then 29-year-old Exequiel Mahinay ("Kuya Ese"), lived near their house.[2] During the school year 1997-1998, Leny was already in Grade V.

At about 7:00 p.m. on August 24, 1997, Leny was playing near their house with Nonoy, Jay-R and Inday.[3] Leny's father was at work. Momentarily, Exequiel arrived and told Leny to fetch water from the house of her Ate Nena, about twenty to thirty meters away. Leny did as...