Title
People vs. Bermas y Asis
Case
G.R. No. 234947
Decision Date
Jun 19, 2019
Francisco Bermas y Asis is acquitted of rape due to insufficient evidence to establish the victim's lack of consent and mental capacity.
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Case Digest (G.R. No. 234947)

Facts:

  • Francisco Bermas y Asis appealed the Decision dated July 6, 2017, from the Court of Appeals (CA) in CA-G.R. CR-HC No. 06972.
  • The CA upheld the Regional Trial Court (RTC) of EEE's Judgment dated May 16, 2014, which found Bermas guilty of Rape.
  • The Information alleged that on January 10, 2008, in [DDD], Philippines, Bermas, motivated by lewd design and using force, had carnal knowledge of AAA, a mentally retarded individual, against her will.
  • Witnesses included AAA, her mother BBB, Dr. Virginia Barasona, and Barangay Captain CCC.
  • Testimonies indicated AAA had been mentally retarded since birth and displayed age-inconsistent behaviors.
  • On the night of the incident, AAA was allegedly coerced by Bermas to remove her clothing, after which he and another man, Garry Padilla, sexually assaulted her.
  • The defense claimed Bermas was merely passing by and had no involvement in the crime.
  • The RTC convicted Bermas, sentencing him to reclusion perpetua, which he appealed to the CA, leading to a further appeal to the Supreme Court.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court granted the appeal, acquitting Francisco Bermas y Asis of the crime of Rape due to the prosecution's failure to prov...(Unlock)

Ratio:

  • The Supreme Court emphasized that the prosecution must prove two essential elements in rape cases:
    1. The offender had carnal knowledge of a woman.
    2. This act was accomplished through force or intimidation, or when the woman was deprived of reason.
  • The evidence did not sufficiently establish that AAA was "deprived of reason" as required under Article 266-A of the Revised Penal Code.
  • Testimonies from AAA's mother and Barangay Captain CCC indicated ...continue reading

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