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PERLAS

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John Lester Tan
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18 views

PERLAS

Uploaded by

John Lester Tan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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PERLAS-BERNABE, J.

:
Before the Court is an ordinary appeal[1] filed by accused-appellant Antonio Balcueva y Bondocoy (Balcueva)
assailing the Decision[2] dated April 30, 2014 of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 05791, which
affirmed the Decision[3] dated September 11, 2012 of the Regional Trial Court of Quezon City, Branch 89 (RTC) in
Crim. Case No. Q-07-145514 finding Balcueva guilty beyond reasonable doubt of the crime of Qualified Rape under
the Revised Penal Code (RPC), as amended by Republic Act No. (RA) 8353,[4] otherwise known as the "Anti-Rape
Law of 1997."

The Facts

On February 20, 2007, a criminal information was filed before the RTC charging Balcueva of raping his biological
daughter, AAA,[5] viz.:
That on or about the 15th day of February 2007, in Quezon City, Philippines, the said accused, did then and there,
willfully, unlawfully and feloniously, with lewd design by means of force, threat and intimidation had carnal knowledge
upon the person of [AAA], a minor fourteen (14) years of age, his daughter, against her will and without her consent,
to her damage and prejudice.

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