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The People of the Philippines Vs. Jose Magbanua y Mori?o

THE PEOPLE OF THE PHILIPPINES, Appellee, versus JOSE MAGBANUA y MORI?O, Appeellant.

G.R. No. 176265 | 2008-04-30

D E C I S I O N


Tinga, J.:

Two informations were filed against appellant charging him with the crimes of rape[1] and attempted rape.[2] Appellant pleaded not guilty.

The prosecution presented the victim AAA[3] and the NBI medico-legal officer, Dr. Armie Soreta-Umil. The evidence for the prosecution establishes the following facts:

AAA was residing in the City of Malabon[4] with appellant and her two uncles when appellant sexually assaulted her on two occasions. The four of them shared one room together.

The first incident occurred on 1 October 1998 at around 1 o'clock in the afternoon. AAA was lying on the floor of their room...