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People of the Philippines Vs. Reynaldo Albalate, Jr.

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, versus REYNALDO ALBALATE, JR., Accused-Appeellant

G.R. No. 174480 | 2009-12-18

D E C I S I O N


DEL CASTILLO, J.:

Factual Antecedents

Appellant Reynaldo Albalate, Jr. was charged with two counts of rape committed against his niece "Maria".[1] The accusatory portions of the two Informations read as follows:

Crim. Case No. 3169-C:

That on or about the evening of the 21st day of November 1998, at Barangay _____________, Municipality of Lopez, Province of Quezon, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, an uncle and a relative by consanguinity within the third civil degree of one "Maria", with lewd design, by means of force, threats and intimidation, did then and...