THIRD DIVISION
[G.R. Nos. 136894-96. February 7, 2001.]
PEOPLE OF THE PHILIPPINES, Appellee, v. ASTERIO CORDERO alias
"TERYO", Appellant.
DECISION
PANGANIBAN, J.:
Old age, by itself, is not a defense in a rape case. To overcome the prosecution’s evidence, the
appellant must present convincing proof that he was physically unable to consummate carnal
knowledge of the victim. He may also show that the trial court overlooked certain facts or
circumstances of substance and value, which if considered would affect the result of the case.
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The Case
Before the Court is an appeal by Asterio Cordero alias "Teryo," challenging the November 26,
1998 Decision 1 of the Regional Trial Court (RTC) of Urdaneta City, Pangasinan (Branch 46), in
Criminal Case Nos. U-9681, U-9682 and U-9683. The decretal portion of the Decision, which
found him guilty on three counts of rape, reads as follows:
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"WHEREFORE, JUDGMENT is hereby rendered in the following:
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1. Under CRIM. CASE NO. U-9681, the Court sentences ASTERIO CORDERO to suffer the
penalty of [r]eclusion [p]erpetua; [o]rdering Cordero to pay Teresa Nana the sum of P50,000.00
as moral damages, plus P20,000.00 as exemplary damages;
2. Under CRIM. CASE NO. U-9682, the Court sentences ASTERIO CORDERO to suffer the
penalty of [r]eclusion [p]erpetua; [o]rdering Cordero to pay Mirasol Nana the sum of P50,000.00
as moral damages, plus P20,000.00 as exemplary damages;
3. Under CRIM. CASE NO. U-9683, the Court sentences ASTERIO CORDERO to suffer the
penalty of [r]eclusion [p]erpetua; [o]rdering Cordero to pay Mirasol Nana the sum of P50,000.00
as moral damages, plus P20,000.00 as exemplary damages.
The Jail Warden, Bureau of Jail Management and Penology (BJMP), Urdaneta District Jail,
Urdaneta City, Pangasinan, is hereby ordered to transmit the person of accused Asterio Cordero
to the National Bilibid Prisons, Muntinlupa City, immediately.
The Branch Clerk of Court is hereby ordered to prepare the mittimus immediately." 2