Appellant was charged with three (3) separate Informations 3 for rape. The first Information
(Crim. Case No. U-9681) charged appellant as follows:
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"That on or about June 2, 1998 at Sitio San Antonio, Brgy. Arzadon, San Manuel, Pangasinan
and within the jurisdiction of this Honorable Court, the above-named accused by means of force
and intimidation, did then and there wilfully, unlawfully and feloniously have sexual intercourse
with Teresa Nana y Niduaza, a minor 13 years old[,] against her will and without her consent, to
her damage and prejudice.
"CONTRARY to Article 335, Revised Penal Code, as amended by R.A. 7659 and R.A. 8353." 4
The second Information (Crim. Case No. U-9682) reads:
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"That on or about January 22, 1998, at Sitio San Antonio, Brgy. Arzadon, San Manuel,
Pangasinan and within the jurisdiction of this Honorable Court, the above-named accused by
means of force and intimidation, did then and there wilfully, unlawfully and felon[i]ously have
sexual intercourse with MIRASOL NANA y NIDUAZA, a minor 15 years old, against her will
and without her consent, to her damage and prejudice.
"CONTRARY to Article 335, Revised Penal Code, as amended by R.A. 7659 and R.A. 8353." 5
Lastly, the third Information (Crim. Case No. U-9683) is worded thus:
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"That on or about January 17, 1998, at Sitio San Antonio, Brgy. Arzadon, San Manuel,
Pangasinan, and within the jurisdiction of this Honorable Court, the above-named accused by
means of force and intimidation, did then and there wilfully, unlawfully and felon[i]ously have
sexual intercourse with MIRASOL NANA y NIDUAZA, a minor 15 years old, against her will
and without her consent, to her damage and prejudice.
"CONTRARY to Article 335, Revised Penal Code, as amended by R.A. 7659 and R.A. 8353." 6
When arraigned on July 20, 1998, appellant pleaded 7 not guilty. 8 Joint hearings on the three
Informations were conducted in due course. Thereafter, the court a quo promulgated its assailed
Decision.
Hence, this appeal. 9
The Facts
Prosecution’s Version
In its Brief, 10 the Office of the Solicitor General presents the prosecution’s version of the facts
in this wise:
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"Criminal Cases Nos. U-9682 and U-9683