FIRST DIVISION
[ G.R. No. 219111, March 12, 2018 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V.
NELSON NUYTE Y ASMA, ACCUSED-APPELLANT.
DECISION
DEL CASTILLO, J.:
Challenged in this appeal is the September 25, 2014 Decision[1] of the Court of
Appeals (CA) in CA-G.R. CR-HC No. 05409 which affirmed the December 9, 2011
Decision[2] of the Regional Trial Court (RTC) of Legazpi City, Branch 8, finding
appellant Nelson Nuyte y Asma (Nuyte) guilty beyond reasonable doubt of one
count of rape and five counts of violation of Section 5(b) of Republic Act (RA) No.
7610, as amended.[3]
The Antecedent Facts
Appellant was charged in six separate Informations with one count of rape under
Article 266-A of the Revised Penal Code (RPC) docketed as Criminal Case No. FC00-780, and five counts of violation of Section 5(b) of RA 7610 docketed as
Criminal Case Nos. FC-00-781 to FC-00-785 inclusive, before the RTC of Legazpi
City, Branch 8.
The Informations read as follows:
Criminal Case No. FC-00-780 -Rape
That on April 10, 2004 at more or less 12:00 o'clock noon, x x x Province of Albay,
Philippines, and within the jurisdiction of this Honorable Court, the above named
accused, with lewd and unchaste design, thru force, threat and intimidation, armed
with a knife, did then and there willfully, unlawfully and feloniously have sexual
intercourse with "AAA",[4] 14 years old against her will and consent, to her damage
and prejudice.
ACTS CONTRARY TO LAW.[5]
Criminal Case No. FC-00-781 -Violation of RA 7610