This case has been cited 1 times or more.
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2000-02-29 |
BELLOSILLO, J. |
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| Accused-appellant contends in this appeal that the trial court erred in finding him guilty of rape as defined in par. (2), Art. 335[14] of the Revised Penal Code, providing for a mode of commission different from that charged in the Information, i.e., while the Information charged him with rape committed through force and intimidation as defined in par. (1), Art. 335, he was nevertheless eventually convicted of rape under par. (2) thereof, i.e., rape of a woman who was deprived of reason, including those with the mental capacity of a child below twelve (12) years old.[15] | |||||