SUPREME COURT DECISIONS

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Endnotes:


1 Penned by Judge Stella Cabuco Andres, Rollo, pp. 18-29.

2 Rollo, pp. 7-8.

3 T.S.N., January 16, 1997, pp. 4-37.

4 TSN, February 7, 1997, pp. 10-24.

5 TSN, February 14, 1997, pp. 3-34.

6 Living Case No. NG-96-405, Exhibit B.

7 Exhibit C.

8 T.S.N., February 17, 1997, pp. 4-17.

9 T.S.N., February 18, 1997, pp. 3- 9.

10 Ibid., pp. 11-13.

11 Ibid., at pp. 15-21.

12 Decision, p. 12; Rollo, p. 29.

13 Appellants Brief, pp. 2-6.

14 People vs. Realin, G.R. No. 126051, January 21, 1999 at p. 13.

15 People vs. Nialda, G.R. No. 115946, April 24, 1998 at p. 11; People vs. Realin, Supra.

16 People vs. Villanueva, G.R. No. 122746, January 29, 1999 at p. 11; People vs. Realin, Supra.

17 People vs. Lapinoso, G.R. No. 122507, February 25, 1999 at p. 14.

18 T.S.N. February 18, 1997 at p. 5.

19 Ibid.

20 Rule 131, Rules of Evidence, 3(e).

21 People vs. Andal, 279 SCRA 474 at pp. 495-496 [1997].

22 People vs. Sagucio, 277 SCRA 183 at p. 191 [1997]; People vs. Rabosa, 273 SCRA 142 at p. 150 [1997].

23 T.S.N., February 14, 1997, p. 19.

24 T.S.N., February 17, 1997, pp. 25-26.

25 GENERAL PHYSICAL EXAMINATION:

xxx Marginally developed, fairly nourished, conscious, coherent, cooperative, ambulatory subject.

Breasts, fully developed. Hemispherical, doughy. Areolas, dark brown, 3.0 cms. In diameter. Nipples, dark brown, protruding, 1.0 cm. In diameter.

No extragenital physical injuries noted.

GENITAL EXAMINATION:

xxx fully grown, abundant. Labia Majora, slightly gaping. Labia Minora, coaptated. Fourchette, moderately lax. Vestibule, congested with a fresh superficial abrasion on the fossa manicularis. Hymen, annular, thin, moderately tall, and intact.

Hymenal orifice admits a tube 1.8 cms. In diameter. Vaginal walls, tight. Rugosities, prominent.

CONCLUSIONS:

1. No evident sign of extragenital physical injuries noted on the body of the subject at the time of examination.

2. Recent genital trauma present.

26 T.S.N., January 16, 1997, pp. 30-31.

27 T.S.N., February 14, 1997, pp. 31-34.

28 14, Rule 110, Rules of Court; 4, Rule 117, Rules of Court.

29 Record, p. 36.

30 Republic Act No. 8353, otherwise known as the Anti-Rape Law of 1997, was not yet in effect.

31 Article 296 of the Revised Penal Code defines a band in this wise:

Whenever more than three armed malefactors take part in the commission of a robbery, it shall be deemed to have been committed by a band xxx.

Any member of a band who is present at the commission of a robbery by the band, shall be punished as principal of any of the assaults committed by the band, unless it be shown that he attempted to prevent the same.

32 People vs. Lutao, 250 SCRA 45 at p. 57 [1995].

33 People vs. Belo, G.R. No. 109148, December 4, 1998 at pp. 12-13.

34 People v. Cabato, 160 SCRA 98 at p. 110 [1988].

35 Luis B. Reyes. The Revised Penal Code, Book I, 14th ed., 1988, at p. 716; Ramon C. Aquino. The Revised Penal Code. Book I, 1997 ed., at p. 728.

36 Reyes, Supra, at p. 313.

37 People vs. Belo, G.R. No. 109148, December 4, 1998 at p. 13.

38 People vs. Mahinay, Supra at p. 18.

39 People vs. Bahenting, G.R. No. 127659, February 24, 1999 at p. 12; People vs. Gutierrez, Jr., G.R. No.116281, February 8, 1999 at p. 26.

40 People vs. Mahinay, supra at p. 18.

41 People vs. Bahenting, Supra, People vs. Gutierrez, Supra.

42 Article 14 (3), Revised Penal Code.

43 Article 14 (6), in relation to Article 296, Revised Penal Code.

44 Galian vs. State Assurance Co., 29 PHIL 413 at p. 418 [1915].

45 People vs. Martinez, 274 SCRA 259 at pp. 272-273 [1997].




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