This case has been cited 6 times or more.
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2014-06-11 |
BRION, J. |
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| a) Through force, threat or intimidation; b) When the offended party is deprived of reason or is otherwise unconscious; c) By means of fraudulent machination or grave abuse of authority; and d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present; x x x In the present case, the Information alleged that the victim was "xxx a minor, being seventeen (17) years of age, or below eighteen (18) years old at the time of the commission of the crime, but mentally retarded with a mental age that equates to a child of four (4) years and seven (7) months," and this circumstance had been proven during trial. The RTC, however, equated AAA's mental retardation with dementia. It is settled that carnal knowledge of a woman who is a mental retardate is rape as she is in the same class as a woman deprived of reason or otherwise unconscious.[5] Our ruling in People v. Monticalvo[6] on this point is instructive:The term "deprived of reason" has been construed to encompass those suffering from mental abnormality, deficiency or retardation. The term "demented," on the other hand, means having dementia, which Webster defines as mental deterioration; also madness, insanity. 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; xxx total recovery not possible since cerebral disease is involved." 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(I) of the Revised Penal Code, as amended. [Emphasis in the original] | |||||
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2013-11-25 |
MENDOZA, J. |
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| On the damages, the Court agrees with the CA that AAA is entitled to moral damages as they are automatically awarded to rape victims without need of pleading or proof.[28] The award of civil indemnity is likewise proper in the light of the ruling that civil indemnity, which is distinct from moral damages, is mandatory upon the finding of the fact of rape.[29] | |||||
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2013-09-02 |
DEL CASTILLO, J. |
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| "[F]or the charge of rape to prosper, the prosecution must prove that (1) the offender had carnal knowledge of a woman, (2) 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."[20] From these requisites, it can thus be deduced that rape is committed the moment the offender has sexual intercourse with a person suffering from mental retardation. "[C]arnal knowledge of a woman who is a mental retardate is rape. A mental condition of retardation deprives the complainant of that natural instinct to resist a bestial assault on her chastity and womanhood. 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 and intimidation in committing the act."[21] Only the facts of sexual congress between the accused and the victim and the latter's mental retardation need to be proved.[22] | |||||
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2013-07-24 |
PEREZ, J. |
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| We have thoroughly examined AAA's testimony and found no reason to depart from the legal adage that this Court accords the trial judge's assessment of the credibility of witnesses great respect in the absence of any attendant of grave abuse of discretion on the account that the trial court had the advantage of actually examining both real and testimonial pieces of evidence, including the demeanor of the witnesses, and is in the best position to rule on the matter. The rule finds an even greater application when the trial court's findings are sustained by the Court of Appeals.[24] | |||||
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2011-02-23 |
BRION, J. |
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| We find no reason to disturb the findings of the RTC, as affirmed by the CA. As we have repeatedly ruled, the trial court's assessment of the credibility of witnesses must be given great respect in the absence of any attendant grave abuse of discretion; the trial court had the advantage of actually examining both real and testimonial evidence, including the demeanor of the witnesses, and is in the best position to rule on their weight and credibility. The rule finds greater application when the CA sustains the findings of the trial court.[13] | |||||
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2010-08-09 |
VELASCO JR., J. |
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| It has been proved beyond reasonable doubt that accused-appellant Lindo had carnal knowledge of AAA. The insertion of his penis into the vagina of AAA, though incomplete, was sufficient. As held in People v. Tablang,[15] the mere introduction of the male organ in the labia majora of the victim's genitalia consummates the crime; the mere touching of the labia by the penis was held to be sufficient. The elements of the crime of rape under Art. 266-A of the Revised Penal Code are present. Under the said article, it provides that rape is committed by a man who shall have carnal knowledge of a woman when the offended party is under twelve years of age. AAA was 11 years old at the time accused-appellant had carnal knowledge of her. As such, that constitutes statutory rape. The two elements of the crime are: (1) that the accused had carnal knowledge of a woman; and (2) that the woman was below 12 years of age.[16] Thus, the CA correctly upheld the conviction of accused-appellant by the RTC. | |||||