This case has been cited 1 times or more.
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2003-06-18 |
CALLEJO, SR., J. |
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| a I felt that my wife had influenced her daughter to tell [a[ lie, sir. All the given dates and time that I raped her are not true. I never rape [sic] her, sir. Atty. Adriano: Coming from the very mouth of the accused, your honor, that he has no other witnesses to testify in his favor and notwithstanding the effort of this Honorable Court to have certain persons to testify in his favor, these persons failed to appear despite receipt of the subpoena from this Court. After the witness testified by himself and considering that the defense has no other witness to present the defense respectfully rests its case, your honor.[24] On the second assignment of errors, the appellant avers that he was deprived of his right to be informed of the charges against him in Criminal Cases Nos. 7099 and 7100, because the complaints filed in the said cases did not state the precise dates when the crimes were committed by the appellant. He contends that the complaints are defective because the same merely allege that the crimes were committed in 1990 and 1994. The appellant asserts that if the precise date of the commission of the crime in Criminal Case No. 7099 was properly alleged in the complaint, he would have been able to prove that it would have been impossible for him to have raped the private complainant in the creek during dry season because people would usually go to the creek during this time. He would not have dared rape the victim with people within the vicinity of the creek. He further claims that he could not have raped the private complainant on August 3, 1996 because when the latter was examined by Dr. de Guzman on August 7, 1996, the doctor found no fresh lacerations in the hymen of the private complainant. Moreover, the prosecution failed to prove that he used force or intimidation in raping the victim on the said date. The trial court erred in not giving credence and probative weight to his testimony that it was his son, Benjamin Medina, Jr. who had raped the victim. | |||||