This case has been cited 8 times or more.
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2013-09-02 |
DEL CASTILLO, J. |
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| Clearly, appellant's knowledge of the mental disability of "AAA" at the time of the commission of the crime of rape was properly alleged in the Amended Information. "Knowledge of the offender of the mental disability of the victim at the time of the commission of the crime of rape qualifies the crime and makes it punishable by death x x x."[39] "When rape is committed by an assailant who has knowledge of the victim's mental retardation, the penalty is increased to death."[40] "Mental retardation is a chronic condition present from birth or early childhood and characterized by impaired intellectual functioning measured by standardized tests."[41] Intellectual or mental disability "is a term synonymous with and is now preferred over the older term, mental retardation."[42] | |||||
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2013-06-05 |
LEONARDO-DE CASTRO, J. |
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| Carnal knowledge of a woman who is a mental retardate is rape under Article 266-A, paragraph 1(b) of the Revised Penal Code, as amended. This is because a mentally deficient person is automatically considered incapable of giving consent to a sexual act. Thus, what needs to be proven are the facts of sexual intercourse between the accused and the victim, and the victim's mental retardation.[31] | |||||
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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] | |||||
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2010-07-05 |
VELASCO JR., J. |
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| In this provision, carnal knowledge of a woman who is a mental retardate is rape.[14] A mental condition of retardation deprives the complainant of that natural instinct to resist a bestial assault on her chastity and womanhood.[15] For this reason, sexual intercourse with one who is intellectually weak to the extent that she is incapable of giving consent to the carnal act already constitutes rape; without requiring proof that the accused used force or intimidation in committing the act.[16] In this circumstance, what needs to be alleged in the information and proven during trial are the facts of appellant's carnal knowledge of the victim, and the victim's mental retardation. | |||||
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2008-02-19 |
CHICO-NAZARIO, J. |
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| On the basis thereof, for the charge of rape to prosper, the prosecution must prove that (1) the offender had carnal knowledge of a woman, and (2) he accomplished such act through force or intimidation, or when she was deprived of reason or otherwise unconscious, or when she was under 12 years of age or was demented.[34] Clearly, carnal knowledge of a woman who is a mental retardate is rape under the aforesaid provisions of law. Proof of force or intimidation is not necessary, as a mental retardate is not capable of giving consent to a sexual act. What needs to be proven are the facts of sexual congress between the accused and the victim, and the mental retardation of the latter.[35] | |||||
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2001-12-03 |
YNARES-SANTIAGO, J. |
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| The two acts of rape in the case at bar, committed in 1990, are governed by the old provisions of Article 335 of the Revised Penal Code, under which rape with the use of a deadly weapon was penalized with reclusion perpetua to death. In view of the suspension of the death penalty under the 1987 Constitution and prior to the passage of Republic Act No. 7659 which re-imposed the same, the penalty to be imposed on accused-appellant is reclusion perpetua.[16] However, the trial court's award of the total amount of P100,000.00 as "moral and exemplary damages"[17] needs correction. In rape cases, moral damages are awarded in the amount of P50,000.00 for each count. In addition, civil indemnity in the amount of P50,000.00 is awarded for each act of rape. Moral damages are separate and distinct from the civil indemnity.[18] On the other hand, the award of exemplary damages is not warranted, there being no aggravating circumstance.[19] | |||||