Pamuel Magno, an ice cream vendor accused of raping a five month old baby in the city's Children's Park, was meted out the death penalty by Judge Crisostomo Garrido, assisting judge of the Regional Trial Court Branch 7.
In his decision dated Sept. 3, Garrido said Magno was found gulty of rape beyond reasonable doubt and ordered him to pay the victim P50,000 for moral damages and another P50,000 for the cost of litigation. Garrido said that the testimony of eyewitness Marcelino Malinao, and the findings of pediatrician Dr. Ma. Salud Rosillo, and the lack of an alibi were the basis for his judgement.
Magno was accused of kidnapping the baby from her house in Brgy. 25, Paterno Extension, at around 6:30 p.m. on February 20, 2000, and carrying her off to the nearby Children's Park. The baby was later found by police authorities at around 8:30 p.m. on a bench at Plaza Libertad, already naked with her vagina bleeding. An hour later, the Magno was arrested by the police at his house in Sea Wall, Brgy. 37.
according to the judge, the testimony of Marcelino Malinao, who said he was only a meter away when he saw Magno in the act of sexual intercourse with teh baby. He later positively identified Magno as the person he saw having sex with the baby.
The baby recently celebrated her third birthday on September 14.She s the
Created on ... September 09, 2002