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• Noemi left the house then went straight to her mother and confessed what happened.
Proof of force or intimidation is unnecessary to as a mental retardate is not capable of
Thereafter her mother reported the incident to the police. Noemi was examined by
giving consent. What needs to be proven is:
Dr. Ma. Christina Freyra, the Medico-Legal Officer of the PNP Crime Laboratory. She
a. the victim is deprived or reason/a mental retardate
found several healed lacerations on the victim’s hymen.
b. sexual congress happened
• Defendant denied the charges claiming that between 1 and 2 o’clock of June 23 1998
Sexual congress undoubtedly happened as the physical evidence is overwhelming.
he was at the corner of Roosevelt Avenue and San Francisco del Monte, QC selling
The victim is also a mental retardate as her physical features, actuations and level of
shorts and t shirts at the sidewalk. He does not recall seeing her in the market despite
intelligence point out.
admitting knowing her and her parents. He also alleges that it was a certain Freddie
Buenaflor with whom he has beef with who informed Noemi’s father of the rape.
According to her mother and confirmed by the Medico-legal officer witness in court:
mongoloid i.e. mentally retarded
• Trial court found him guilty of RAPE penalised under Art 335, amended by Art 266A
and Art 266-B. Knowledge of the offender of the mental disability of the victim at the time of the
ISSUE/S & RATIO: commission of the crime of rape qualifies the crime and makes it punishable by death
under Article 266-B, paragraph 10 of the Revised Penal Code, as amended by R. A.
8353.[20] An allegation in the information of such knowledge of the offender is
necessary as a crime can only be qualified by circumstances pleaded in the
indictment.
There was no allegation in the information that the accused had knowledge of the
mental disability of the victim at the time rape was committed. Thus,
notwithstanding proof of such knowledge, the accused can only be held liable for
simple rape.
RULING: WHEREFORE, the questioned Decision is hereby AFFIRMED with MODIFICATION that
the award of Exemplary Damages in the amount of P25,000.00 is deleted.