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G.R. No. 181035 July 4, 2011PEOPLE OF THE PHILIPPINES,Plaintiff-Appellee,vs.NOEL DION,Accused-Appellant.D E C I S I O NLEONARDO-DE CASTRO,J.:The accused-appellant challenges in this appeal the July 25, 2007 Decision1promulgated by the Court of Appeals in CA-G.R. CR.-H.C. No. 01161, which affirmed in toto the judgment2of conviction for two counts of Rape rendered against him by Branch 53 of the Pangasinan Regional Trial Court (RTC) in Criminal Case Nos. 4354-R and 4355-R.Accused-appellant Noel Dion y Duque (Dion) was charged with two counts of rape in two separate criminal complaints filed directly before the RTC on June 19, 2001, which read:Criminal Case No. 4354-R:The undersigned complainant under oath accuses NOEL DION y DUQUE Alias KIKO of Brgy Cabalaoangan Sur, Rosales, Pangasinan of the crime of Rape, committed as follows;That on June 16, 2001 at around 10:00 oclock in the evening in XXX, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, by means of force, threats (sic) and intimidation, did then and there willfully, unlawfully, and felon[i]ously have carnal knowledge with the complainant, a minor, 10 years of age against her will. (Medico-legal Certificate is hereto attached)3Criminal Case No. 4355-R:The undersigned complainant under oath accuses NOEL DION y DUQUE Alias KIKO of Brgy Cabalaoangan Sur, Rosales, Pangasinan of the crime of Rape, committed as follows;That sometime [i] ...


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