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Appellee's Brief

Appellee's Brief

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Published by: dj_quilates on Jun 08, 2010
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DIOXENOS B. SULIT ATTY. CHRISTINA ARIAS-SUMILONGI-D LEGAL WRITING3/31/07
REPUBLIC OF THE PHILIPPINESCOURT OF APPEALSDIVISION II, CITY OF MANILAPEOPLE OF THE PHILIPPINES,
Plaintif-Appellee,-versus-
GA. G.R. No. 123456PEDRO SARMIENTO Y TORDECILLA
Accused-Appellant,x------------------------------------------x
APPELLEE’S BRIEFSUBMITTED BYOFFICE OF THE SOLICITOR GENERAL
#234 Palack St, GSIS Building,Brgy. Vito Cruz, Manila, PhilippinesBy
Dioxenos Barreras Sulit
Associate Solicitor General
1
 
SUBJECT INDEXPage No.Contents
1Cover Page2Subject Index3Prefatory StatementCounter-Statementof Facts5Counter Arguments6Discussion14Prayer
Cases Cited (Order of Appearance)
People v. Mendoza, 292 SCRA 168.People v. Ching, 240 SCRA 267.People v. Valdez, 150 SCRA 405.People v. Ancheta, 419 SCRA 307.People v. Abes, 420 SCRA 259.People v. Cabato, 160 SCRA 98.Aportadera v. Court of Appeals, 158 SCRA 695.People v. Tansiangco, L-128164.People v. Lachica, 382 SCRA 162.
Law and Annotations Cited
Reyes,
Revised Penal Code Book 1
, 16
th
Ed., 124(2006).Revised Penal Code, Art 14, Par. 6.
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REPUBLIC OF THE PHILIPPINESCOURT OF APPEALSDIVISION II, CITY OF MANILAPEOPLE OF THE PHILIPPINES,
Plaintif-Appellee,-versus-
GA. G.R. No. 123456PEDRO SARMIENTO Y TORDECILLA
Accused-Appellant,x------------------------------------------x
APPELLEE’S BRIEF
Plaintiff-appellee PEOPLE OF THE PHILIPPINES, represented by the Office of the Solicitor General in answer to the allegations raised by the accused-appellant inhis Brief, respectfully states:
PREFATORY STATEMENT
Through this appeal, accused-appellant assails the judgment dated 30November 2006 rendered by Judge Barabas Baldoza of the Regional Trial Court, 12
th
Judicial Regional Branch 15, Quezon City, finding him guilty beyond reasonable doubtof Robbery with Rape.
COUNTER-STATEMENT OF FACTS
Accused-appellant Pedro Sarmiento y Tordecilla together with co-accusedTimeo Yhaap y Palparan and Antonio Olanne y Bergdugo was charged before theRegional Trial Court, 12
th
Judicial Regional Branch 15, Quezon City of robbery withrape. The case was docketed as Criminal Case No. 123456. The accusatory portionreads:
 “That on or about February 14, 2006, in Quezon City, Philippines, andwithin the jurisdiction of this Honorable Court, the above-namedaccused, armed with a knife, and gun, conspiring and confederatingtogether, mutually aiding and assisting with one another, forced openthe red Toyota Corrola Plate No. YHJ123 owned by WANDA S. RIVERA,
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