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:
- The offender had carnal knowledge of a woman.
- 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
Case Digest (G.R. No. 234947)
Facts:
The case involves the appeal of Francisco Bermas y Asis (Bermas) against the Decision dated July 6, 2017, of the Court of Appeals (CA) in CA-G.R. CR-HC No. 06972, which upheld the Regional Trial Court (RTC) of EEE's Judgment dated May 16, 2014, finding him guilty of Rape. The Information filed against Bermas alleged that on January 10, 2008, in [DDD], Philippines, he, motivated by lewd design and using force and intimidation, had carnal knowledge of AAA, a mentally retarded individual, against her will. During the trial, the prosecution presented witnesses including AAA, her mother BBB, Rural Health Physician Dr. Virginia Barasona, and Barangay Captain CCC. Testimonies revealed that AAA had been mentally retarded since birth, exhibiting behaviors inconsistent with her age. 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, represented solely by Bermas, claimed he was merely passing by and had no involvement in the alleged crime. The RTC found Bermas guilty based on the testimonies and evidence presented, leading to his conviction and sentencing to reclusion perpetua. Bermas appea...