This case has been cited 1 times or more.
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2003-11-27 |
YNARES-SANTIAGO, J. |
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| Rape is punishable by reclusion perpetua, pursuant to Article 266- B of the Revised Penal Code. The mental condition of the victim cannot be appreciated to aggravate the crime and to warrant the death penalty. Under Article 266 (10) of the Revised Penal Code, the rape shall be qualified "when the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime." Being in the nature of a qualifying circumstance, this should be specifically alleged in the Information. The allegation therein of the mental disability of the victim is insufficient. What should be alleged is the knowledge by the offender of such mental disability.[17] Thus, appellant can only be convicted of simple rape. | |||||