G.R. No. 11513 - Songco vs. Sellner

Appellant Salvador Golimlim alias aBadong was charged with rape by the People of the Philippines before the Regional Trial Court (RTC) of Sorsogon, Branch 65, under Criminal Case No. 241.
The Information alleged that sometime in August 1996, at Barangay Bical, Bulan, Sorsogon, appellant, armed with a bladed weapon, by means of violence and intimidation, had carnal knowledge of Evelyn Canchela against her will and without her consent.
Upon arraignment, appellant pleaded not guilty.

Evelyn Canchela, the private complainant, was a mental retardate.
When Evelyn’s mother left for Singapore in May 1996, she entrusted Evelyn to the care of her sister Jovita Guban and Jovita’s husband, Salvador Golimlim (appellant).
In August 1996, Jovita went out, leaving Evelyn alone with appellant.

Taking advantage of Jovita’s absence, appellant instructed Evelyn to sleep.
After she lay down, appellant kissed her, removed her clothes, and poked at her with an object that felt like a knife.
He then inserted his penis into her vagina, sexually assaulting her.
Afterward, appellant fell asleep.

Evelyn told Jovita about the incident, but Jovita did not believe her and scolded her.
In December 1996, Evelyn’s half-sister Lorna Hachero fetched Evelyn from Sorsogon to stay with her in Novaliches.
Lorna suspected Evelyn was pregnant due to her increasing abdomen size and took her to a doctor for an ultrasound, which confirmed pregnancy.
Evelyn admitted to Lorna that appellant had sexual intercourse with her while holding a knife.

In February 1997, Evelyn and Lorna went back to Sorsogon to file a criminal complaint against appellant.
The police advised them to get a medical examination first; Evelyn was examined by Dr. Estrella Payoyo at the Municipal Health Office of Bulan on February 24, 1997.
The medico-legal report showed Evelyn was about 7 months pregnant, and there was evidence of old hymenal lacerations.

Evelyn filed a criminal complaint for rape against appellant before the Municipal Trial Court of Bulan in February 1997.
Evelyn gave birth to a baby girl on May 7, 1997.
Appellant denied the accusation, claiming Evelyn’s mind was not normal and that she named several men who allegedly had intercourse with her.
The RTC found appellant guilty beyond reasonable doubt, sentencing him to reclusion perpetua and ordering payment of P50,000.00 indemnity and P50,000.00 moral damages.

Appellant appealed, asserting that Evelyn’s testimony was contradictory, implausible, and unreliable due to her mental retardation.
Appellant argued that the prosecution failed to prove his guilt beyond reasonable doubt.

Whether or not the testimony of a mental retardate victim is admissible and credible enough to convict the accused of rape.
Whether the prosecution sufficiently established that appellant used force, intimidation, or a deadly weapon in committing the crime.
Whether the conviction for rape was proper under the law, considering the circumstances and evidence.