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| | CHAN ROBLES VIRTUAL LAW LIBRARY : PHILIPPINE SUPREME COURT DECISIONS ON-LINE |
 | | WHEREFORE, in view of the foregoing, the court finds accused, Melchor Rabago GUILTY beyond reasonable doubt of the crime of rape as defined by Article 266-A and penalized by Article 266-B of the Revised Penal Code in relation to Republic Act 8353 and he is hereby sentenced to suffer the mandatory penalty of DEATH. |
 | | On the date of the alleged rape, she was residing with her family in Lubas II, Campo 7, Minglanilla, Cebu. |
 | | On January 13, 1999, at around 9:00 p.m., while sleeping on the floor of their house with her 4-month old brother, the complainant was awakened when appellant covered her mouth with his hands, undressed her, and took off her panty. |
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