D E C I S I O N
CARPIO MORALES, J.:
The February 28, 2005 Decision of the Court of Appeals[1] which affirmed that of the Regional Trial Court, Branch 76 of San Mateo, Rizal[2] convicting appellant Rodolfo Biyoc y Wenceslao for qualified rape is on final review before this Court.
The accusatory portion of the Information charging appellant with qualified rape reads:
That on or about the 5th day of December, 2000, in the Municipality of San Mateo, Province of Rizal, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, having moral ascendancy over the complainant, [AAA],[3] the latter being his daughter...
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