People vs. Corpuz (2017)

PEOPLE OF THE PHILIPPINES vs. EDGAR ALLAN CORPUZ

G.R. No. 208013, July 3, 2017 

LEONEN, J.:

Facts: Allan was charged with four counts of rape in RTC, Pangasinan when accused, by means of force, feloniously have sexual intercourse with AAA, 14 years old, with a mental age of a 5 year old child, against her will and without her consent, to her damage and prejudice.

During trial, Dr. Araos-Liberato issued the Medico Legal Certificate, which stated that AAA was 14 years old when she was examined. Her findings provided: Healed hymenal lacerations at 11:00, 5:00 and 2:00 o'clock position; Hymenal orifice admits two fingertips; Pregnancy test corresponds to 3 to 4 months age of gestation.

Allan denied the accusations and insisted that all the charges against him were merely fabricated by AAA's father, FFF. He allegedly sacked FFF as a truck driver in his sand and gravel business for allowing his son to drive the truck that led to an accident.

Issue: Whether or not accused is guilty of rape under Article 266-A 1(d), RPC.

Ruling: Yes, the sexual congresses between Allan and AAA were clearly established by the victim's testimony.

To warrant a rape conviction under Article 266-A 1(d), it should be shown that "a man had carnal knowledge with a woman, or a person sexually assaulted another who is under twelve (12) years of age or is demented.

In this case, AAA was 14 years old when she had her neuropsychiatric examination with Tablizo. The examination revealed that at the time of examination, AAA's Intelligence Quotient was 42 and her level of intelligence was equal to Moderate Mental Retardation. Also, she had a mental age of a five (5)-year-and-eight (8)-month-old child. Further, the defense did not even contest her condition.

Ratio Decidendi: Sexual intercourse with an intellectually disabled person is rape since proof of force or intimidation becomes needless as the victim is incapable of giving consent to the act.

Gist: This Court resolves this appeal filed by Edgar Allan from the Decision of the Court of Appeals. Which affirmed the RTC’s ruling that Allan was guilty beyond reasonable doubt of four (4) counts of Simple Rape of AAA, a mental retardate.