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LAMBID
Facts:
Romeo H. Lambid (Appellant) is accused of raping her daughter
Lyzel H. Lambid (Appellee), 14 yrs. Old, in two separate instances.
On October 31, 1997 and November 1, 1997 at about 5:00am as
narrated by the victim she was awakened by her father removing her
under garments and having carnal knowledge against her will. Her
younger sister Mary Ann, 13 yrs. Old, witnessed the crime who was
sleeping beside the victim added that they were both threatened
by the father if they were to say a word regarding his evil acts.
On an automatic review by the SC in a joint decision of the RTC
of Cebu Lambid is guilty beyond reasonable doubt of two counts of
qualified rape and a sentence of death.
Issue:
Whether or not the decision of the RTC is correct in finding
the Appelant Lambid guilty beyond reasonable doubt?
Ruling:
Yes, the RTC is correct in their decision against Lambid.
In both cases, the prosecution has established by competent
evidence that Lyzel was fourteen years old and appellant is her
father.
Art. 266-A. Rape; When and How Committed - Rape is committed: