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People vs. Abay y Trinidad

PEOPLE OF THE PHILIPPINES, Appellant, versus ROBERTO ABAY y TRINIDAD, Appellee.

G.R. No. 177752 | 2009-02-24

D E C I S I O N


CORONA, J.:

On March 8, 2000, appellant Roberto Abay y Trinidad was charged with rape in relation to Section 5(b), Article III of RA 7610 in the Regional Trial Court (RTC) of Manila, Branch 4[1] under the following Information:

That sometime in December 1999, in the City of Manila, Philippines, [appellant] by means of force and intimidation, did then and there willfully, unlawfully and knowingly commit sexual abuse and lascivious conduct against [AAA], a minor, 13 years of age, by then and there kissing her breast and whole body, lying on top of her and inserting his penis into her vagina, thus succeeded in having carnal...