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•UL 1 6 2019
THIRD DIVISION
ROEL PENDOY y POSADAS,
G.R. No. 228223
Petitioner,
Present:
- versus -
HON. COURT OF APPEALS (18th
DIVISION) - CEBU CITY; THE HON.
DIONISIO CALIBO, JR., Presiding
Judge of Branch 50, Regional Trial
Court of Loay, Bohol; and THE
PEOPLE OF THE PHILIPPINES,
Respondents
PERALTA, J., Chairperson,
LEONEN,
REYES, A., JR.,
HERNANDO, and
INTING, JJ.
Promulgated:
June 10, 2019
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DECISION
PERALTA, J.:
Petitioner Roel Pendoy y Posadas (Pendoy) seeks to reverse and set
aside the June 24, 2016 Decision 1 of the Court of Appeals (CA) in CA-G.R.
CEB CR No. 02486 finding him guilty beyond reasonable doubt of the crimes
of simple rape and rape by sexual assault committed against AAA 2 via a
petition for certiorari and prohibition with prayer for the issuance of a writ of
preliminary injunction and/or temporary restraining order to enjoin said
appellate court from enforcing the assailed judgment.
Penned by Associate Justice Gabriel T. Ingles, with Associate Justices Marilyn B. Lagura-Yap and
Germano Francisco D. Legaspi concurring; rollo, pp. 137-164.
2
Per this Court's Resolution dated September 19, 2006 in A.M. No. 04-11-09-SC, as well as our
ruling in People v. Caba/quinto (533 Phil. 703 [2006]), pursuant to Republic Act No. 9262 or the "AntiViolence Against Women and Their Children Act of 2004" and its implementing rules, the real name of the
victims and their immediate family members other than the accused are to be withheld and fictitious initials
are to be used instead. Likewise, the exact addresses of the victims are to be deleted.
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