RICHELLE B.

PIOC
I – Inigo
July 24, 2018

People v. Rico Niebres y Reginaldo

G.R. No. 230975, December 04, 2017

Facts: In the month of August, 2010, accused-appellant, Rico Niebres y Reginaldo (Niebres)
succeeded in having carnal knowledge with AAA, a sixteen (16) year-old lass, who is suffering
from mild mental retardation. According to AAA, this was not the first time Niebres sexually
abused her, claiming that Niebres also raped her several weeks before the said incident. Niebres
denied raping AAA and insisted further that the filing of the case against him was actuated by ill
motive of his parents-in-law. Records reveal that the mental retardation of AAA only became
noticeable the moment requisite psychological test was conducted on her. The accused-appellant
was found guilty beyond reasonable doubt of the crime of Simple rape.
Law: The law that is present on this case is “The Anti-Rape Law of 1997” which is committed
by any person either by inserting his penis into another person's mouth or anal orifice, or any
instrument or object, into the genital or anal orifice of another person.
Issue: Shall Niebre’s conviction for the crime of Rape be upheld?
Holding: The appeal is denied by the court. At the beginning, it must be focused on that in criminal
cases, an intrigue tosses the whole case wide open for audit and the checking on council can
address mistakes the Court esteems it appropriate to adjust Niebres' conviction for the wrongdoing
of Qualified Rape to Simple Rape. Here, a plain perusing of the Information uncovers that Niebres
was charged of the wrongdoing of Qualified Rape, as characterized and punished under Article
266-A (1), in connection to Article 266-B, of the RPC.
Reasons: The fundamental components of Rape by sex under Article 266-A of the RPC, is the
carnal knowledge of a lady; and he achieved this demonstration through power, danger or
terrorizing, when the unfortunate casualty was denied of reason or generally oblivious, by methods
for false intrigue or grave maltreatment of power, or when the victim is under 12 years old or is
unbalanced.
Policies: Any person who commits rape shall be punished by reclusion perpetua and will pay the
amount for civil indemnity, moral damages and exemplary damages with interest per annum.