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People of the Philippines vs. Celestino Gardon

THE PEOPLE OF THE PHILIPPINES, appellee, vs. CELESTINO GARDON, appellant.

G.R. No. 169872 | 2006-09-27

THIRD DIVISION
 
D E C I S I O N
 
TINGA, J.:
 
Celestino Gardon (Gardon) was charged with two (2) counts of Rape in separate Informations which read:
 
Criminal Case No. 1258
 
That on or about March, 1995, more or less 6:00 P.M. at [B]arangay xxx, [M]unicipality of xxx, [P]rovince of Sorsogon, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused[,] with abuse of confidence and by means of force and intimidation did then and there, willfully, unlawfully and feloniously, have carnal knowledge of one AAA 1 who was alone on the aforementioned date and time, without the latter's consent...