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PEOPLE v. DAVID GARCIA Y QUITORIO

This case has been cited 3 times or more.

2009-02-18
BRION, J.
Thus, we have ruled that allegations of rape in the information committed, "sometime in the year 1991 and the days thereafter,"[39] "on or about and sometime in the year 1988,"[40] or "from November 1990 up to July 21, 1994,"[41] "sometime in the year 1982 and dates subsequent thereto," and "sometime in the year 1995 and subsequent thereto,"[42] all constitute sufficient compliance with Section 11 of Rule 110. In People v. Salalima, we also ruled that the allegation that the sexual assaults were committed, "sometime during the month of March 1996 or thereabout," or "sometime during the month of April 1996 or thereabout," and also, "sometime during the month of May 1996 or thereabout" substantially informed the accused of the crimes charged since all the elements of rape were stated in the informations. [43]
2008-04-09
REYES, R.T., J.
In People v. Garcia,[34] the Court upheld a conviction for ten counts of rape based on an Information which alleged that the accused committed multiple rapes "from November 1990 up to July 21, 1994."  In People v. Espejon,[35] the Court found the appellant liable for rape under an information charging that he perpetrated the offense "sometime in the year 1982 and dates subsequent thereto" and "sometime in the year 1995 and subsequent thereto."
2003-09-03
SANDOVAL-GUTIERREZ, J.
In People vs. Garcia,[26] we held:"In the law on rape, the role of a guardian is provided for in Article 344 of the Revised Penal Code, specifically as one who, aside from the offended party, her parents or grandparents, is authorized to file the sworn written complaint to commence the prosecution for that crime.  In People vs. De la Cruz (59 Phil. 531 [1934]), it was held that the guardian referred to in the law is either a legal or judicial guardian as understood in the rules on civil procedure.