This case has been cited 2 times or more.
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2016-01-13 |
BRION, J. |
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| For a charge of rape under Article 266-A of the Revised Penal Code, as amended, the prosecution must prove that (1) the offender had carnal knowledge of a woman; and (2) he accomplished such act through force, threat or intimidation, when she was deprived of reason or otherwise unconscious, or when she was under 12 years of age or was demented. 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.[6] What needs to be proven are the facts of sexual congress between the accused and the victim, and the mental retardation of the latter.[7] | |||||
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2015-07-22 |
PERALTA, J. |
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| 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. The term "deprived of reason" has been construed to encompass those who are suffering from mental abnormality, deficiency or retardation.[14] Carnal knowledge of a woman above twelve (12) years of age but with the mental age of a child below twelve (12) years, even if she agrees to the same, is rape because a mental retardate cannot give a valid and intelligent consent to such act.[15] If sexual intercourse with a child below twelve (12) years of age is rape, then it must follow that sexual intercourse with a thirteen-year-old girl whose mental capacity is that of a four or seven-year-old child will likewise constitute rape.[16] The essence of the offense is whether the alleged victim has the ability to render an intelligent consent, and therefore, could not have been deprived of the required reason at the time of the sexual congress. Contrary to the assertion of the defense, the prosecution was able to establish that AAA is indeed a special child. In fact, Nerio himself said in his direct testimony that he and his family had known from the start that AAA is a special child.[17] At the time of the incident, AAA was already in her sixth year as a Grade 1 pupil. According to Kathlene, she first noticed that her adopted child is mentally challenged when the latter was merely six (6) years old. Dr. Navidad observed that when he was about to conduct the physical examination, AAA, a thirteen-year-old, acted more like a small child. She started crying and refused to be examined. The prosecution also submitted the Psychological Assessment Report showing that AAA has Mild to Moderate Mental Retardation. Lastly, the lower court observed that while in court and seated next to Kathlene, AAA would bury her head on the lap of her mother and would make unnecessary and imperceptible sounds. This would prompt Kathlene to bring her out of the court from time to time.[18] | |||||