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6 Cards in this Set
- Front
- Back
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What was the petition of HERMIE JACINTO |
Reversal of judgement for the conviction for the crime of rape of a five year old AAA from reclusion Perpetua to reclusion mayor (PEOPLE VS. JACINTO 2011) Appellant was 17 years old when the crime was committed |
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BASIC FACTS OF PEOPLE VS. JACINTO |
28 January 2003, 7pm accused raped 5 year old aaa with qualifying aggravating circumstance of minority 15 July appellant entered plea of not guilty |
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PROSECUTION EVIDENCE (PEOPLE VS JACINTO) |
FFF, father of the victim was a neighbor of the appellant some they were born, and a close friend fff asked the ccc, also his daughter, to buy some cigarettes, the victim followed her sister, when ccc returned without aaa they were not worried thinking that she just went to neighbors to watch TV Julito, another witness, went to the same store, he saw victim on the appellants lap, he proceeded to Rita's house to watch TV but appellant went towards the direction of a lower place Aaa recalled that the appellant directed her to the rice field and raped her then the latter went to perochos house while the former went straight home crying Julito asked appellant if he raped aaa and when his aunt folks him that the police are coming he washed the dirt of his elbow and knees Fff and aaa went to the police station and a medical center for an examination |
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Evidence of the DEFENSE (PEOPLE VS JACINTO) |
Luzvilla Balucan gave testimony that the one he saw picking up aaa was Julito and not the appellant, and that at the time of the incident the appellant was with the perochos Aunt of the appellant testified the same while his sister in law described the behavior of Julito after the incident Appellant denied living near fff and that he needed to pass by his house On the day of the crime he said that he attended a party at the perochos,then his uncle sent him to the store to buy some rum and want able get back for about 3 minutes Luzvilla also testified that she saw the appellant drinking with his uncle on the supposed time of the commission of the crime, then saw Julito, wearing a black shirt carrying aaa who has cover on her face. Then saw Julito again with a changed shirt, who embraced aaa and asked her what appellant did to her, the cold did not answer.she then witnessed that fff boxed appellant Appellant said that Julito arrived and pointed a finger at him and abused him of molesting aaa |
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What is the decision of the court in people vs Jacinto |
SC sustained the decision |
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Topic on Colinares Case |
PROBATION- PD 968 Probation Law Probation is a disposition under which the defendant after conviction of sentence is released subject to conditions imposed by the Court and to the supervision of a Probation officer |
