This case has been cited 2 times or more.
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2013-06-05 |
LEONARDO-DE CASTRO, J. |
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| Caoile was charged in the Amended Informations with rape of a demented person under paragraph 1(d). The term demented[17] refers to a person who has dementia, which is a condition of deteriorated mentality, characterized by marked decline from the individual's former intellectual level and often by emotional apathy, madness, or insanity.[18] On the other hand, the phrase deprived of reason under paragraph 1(b) has been interpreted to include those suffering from mental abnormality, deficiency, or retardation.[19] Thus, AAA, who was clinically diagnosed to be a mental retardate, can be properly classified as a person who is "deprived of reason," and not one who is "demented." | |||||
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2013-01-30 |
PEREZ, J. |
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| At the outset, paragraph 1, Article 266-A of the Revised Penal Code, as amended by Republic Act No. 8353,[27] provides for two (2) circumstances when carnal knowledge of a woman with mental disability is considered rape. Subparagraph (b) thereof refers to rape of a person "deprived of reason" while subparagraph (d) refers to rape of a "demented person."[28] The term "deprived of reason" has been construed to encompass those suffering from mental abnormality, deficiency or retardation.[29] The term "demented," on the other hand, means having dementia, which Webster defines as mental deterioration; also madness, insanity.[30] Dementia has also been defined in Black's Law Dictionary as a "form of mental disorder in which cognitive and intellectual functions of the mind are prominently affected; x x x total recovery not possible since cerebral disease is involved."[31] Thus, a mental retardate can be classified as a person "deprived of reason," not one who is "demented" and carnal knowledge of a mental retardate is considered rape under subparagraph (b), not subparagraph (d) of Article 266-A(1) of the Revised Penal Code, as amended.[32] | |||||