D E C I S I O N
Tinga, J.:
For review before the Court is the Decision[1] of the Court of Appeals (CA) dated 26 April 2006, affirming with modification the Decision[2] of the Regional Trial Court (RTC), Ozamiz City, Branch 15,[3] dated 10 March 1999, finding appellant guilty beyond reasonable doubt of the crime of rape with homicide.
In an Information[4] dated 17 April 1997, appellant Rogelio Gumimba y Morandante alias Rowing and co-accused Ronie Abapo (Abapo) were charged before the RTC, with the crime of rape with homicide of an eight (8)-year old child, thus:
That on or about April 8, 1997, in Barangay Pantaon, Ozamiz City,...
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