THIRD DIVISION
D E C I S I O N
BRION, J.:
We resolve the appeal from the July 3, 2007 decision1 of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 00970. The CA affirmed with modification the decision2 of the Regional Trial Court (RTC), Branch 43, Dagupan City, finding Fabian G. Romero (appellant) guilty beyond reasonable doubt of the special complex crime of rape with homicide, and sentencing him to suffer the death penalty.
On the evening of September 5, 2004, Joanna Pasaoa, a Grade 2 student, saw her friend, AAA,3 walking towards the appellant's house. Joanna followed AAA to the appellant's house, and saw her and the appellant watching...
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