G.R. No. 164225 - Galo vs. Commission on Elections

On July 2, 1998, accused Rolando Magabo y Magarte was charged for the crime of rape based on an Information filed against him.
The Information alleged that on or about June 23, 1998, in Quezon City, by means of force and intimidation, the accused undressed the victim and forcibly engaged in carnal knowledge with her.

The victim, Noemi Dacanay, was a mental retardate who was selling fried bananas at the Frisco Market.
Accused-appellant, known to Noemi as “Lanie”, approached and invited her to his house, which was unoccupied by his mother at the time.
Inside the house, the accused initiated sexual contact through kissing and fondling, eventually making the victim lie down and engaging in sexual intercourse.
After the act, Noemi left the premises and later reported the incident to the police with her mother.

A medico-legal examination by Dr. Ma. Christina Freyra revealed healed lacerations at various positions on the hymen and abrasions on the labia minora.
The demonstration of gestures by the victim during her testimony further underscored the occurrence of the act.

He denied committing the rape, alleging that at the time of the incident he was elsewhere selling short pants and t-shirts at a street corner.
He claimed that a third party, Freddie Buenaflor, had instigated the charges out of personal animosity.
Notably, the accused acknowledged the mental condition of the victim during cross-examination.

Originally assigned to one branch of the RTC, the case was re-raffled to another branch after the voluntary inhibition of one judge.
On October 1, 1998, upon arraignment, the accused pleaded not guilty.
Trial proceedings revealed:

Consistent and corroborative testimonies by the victim and the medico-legal officer establishing both the occurrence of sexual intercourse and the victim’s mental retardation.
The trial court’s reliance on the victim’s physical appearance, behavior during testimony, and expert medical opinion to establish her mental condition.

The Regional Trial Court (RTC) rendered a judgment on May 14, 1999, finding the accused guilty beyond reasonable doubt of rape and sentencing him to Reclusion Perpetua, including orders for compensatory, moral, and exemplary damages.

Whether the evidence presented was sufficient to establish all the elements of the crime of rape beyond reasonable doubt.
Whether the victim’s physical injuries and corroborative testimony properly established that carnal knowledge occurred, despite the absence of a force or intimidation element.

Whether the trial court erred by convicting the accused even though the prosecution was argued to have failed in proving beyond doubt that the victim was a mental retardate as required under the charge.
Whether the mental condition needed to be proven as an essential and separate element of the offense.

Whether the accused’s knowledge of the victim’s mental disability at the time of the commission of the crime qualifies as an aggravating circumstance entitled to a higher penalty (e.g., death penalty) under Article 266-B.
Whether the absence of an allegation in the Information regarding the accused’s knowledge of the victim’s disability should negate the imposition of such aggravation.

Whether the trial court was justified in awarding exemplary (corrective) damages given that the aggravating circumstance of knowledge of mental retardation was not pleaded in the Information.
The appropriateness of imposing compensatory and moral damages in light of the established crime.