PEOPLE OF THE PHILIPPINES, plaintiff-appellee

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The one battle the accused Capt. Marcial Llanto lost was fought against himself. He utterly failed to measure up to the yardstick of an officer and a gentleman when he was subdued by the beast in him and he committed lechery upon his minor kin That on or about (the) twelfth day of November, 1999 at Pasay City and within the jurisdiction of this Honorable Court, the above-named accused, actuated by lust

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Republic of the PhilippinesSUPREME COURTManilaEN BANCG.R. No. 146458 January 20, 2003PEOPLE OF THE PHILIPPINES,plaintiff-appellee,vs.CAPT. MARCIAL LLANTO Y LEUTERIO,accused-appellant.PUNO,J.:The one battle the accused Capt. Marcial Llanto lost was fought against himself. He utterly failed to measure up to the yardstick of an officer and a gentleman when he was subdued by the beast in him and he committed lechery upon his minor kin.On February 29, 2000, an information for rape was filed against the accused Llanto,viz:"That on or about (the) twelfth day of November, 1999 at Pasay City and within the jurisdiction of this Honorable Court, the above-named accused, actuated by lust, with use of a knife, through force, violence and intimidation, and by taking advantage of his moral ascendancy over his twelve (12) year old minor niece MARIA CRISTY T. BALISI, did then and there willfully, unlawfully and feloniously have carnal knowledge of Ma. Cristy T. Balisi against her will and consent, to her damage and prejudice in whatever amounts may be awarded to her under provisions of the Civil Code.CONTRARY TO LAW."1The accused pleaded not guilty. Trial ensued.The records show that Ma. Cristy Balisi was born to Gertrudes Balisi and Raul Balisi on December 20, 1986. Her parents separated when she was six months old and from then on her maternal grandmother took care of her until she was eight years old. Her mother lives with her (Cristys) uncle

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