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People of the Philippines Vs. Gualberto Cinco y Soyosa

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, versus GUALBERTO CINCO y SOYOSA, Accused-Appeellant

G.R. No. 186460 | 2009-12-04

D E C I S I O N


CHICO-NAZARIO, J.:

For review is the Decision[1] dated 30 January 2008 of the Court of Appeals in CA-G.R. CR-HC No. 01537 which affirmed in toto the Decision, dated 14 July 2005, of the Regional Trial Court (RTC), Branch 106, Quezon City, in Criminal Cases No. Q-98-79944, No. Q-99-89097 and No. Q-89098,[2] finding accused-appellant Gualberto Cinco y Soyosa guilty of two counts of simple rape.

The facts gathered from the records are as follows:

In November 1998, an information[3] was filed before the RTC accusing appellant of acts of lasciviousness, thus:

Criminal Case No. Q-98-79944

That on or about the 30th day of...