Case Summary (G.R. No. 84728)
Facts of the Case
Glenda Aringo testified that she first went to Atento’s store to buy bread while her parents were at work. Atento was alone except for his three-year-old daughter. He allegedly coaxed her inside the house and raped her, causing physical injury to her hymen. He gave her five pesos afterward. Glenda claims that she was raped four more times subsequently. Despite her description of the act as “masarap” (pleasurable), she did not disclose the assaults earlier due to fear from Atento’s threats. Glenda later admitted to being pregnant from the assaults, and the child was born on December 27, 1987, bearing a striking resemblance to Atento. Atento denies the charges, claiming they were fabricated by a relative and that Glenda had loose morals.
Mental Condition of the Victim
Clinical psychologist Ascendo Belmonte evaluated Glenda and found her intellectual capacity equivalent to that of a child between nine and twelve years old. She demonstrated poor judgment, limited vocabulary, inability to distinguish important details, and generally poor mental functioning. However, she was assessed as capable of telling the truth despite her mental deficiency. Testimonies from family members corroborated Glenda’s limited mental development.
Legal Basis: Definition and Circumstances Constituting Rape
Under Article 335 of the Revised Penal Code, rape is committed when there is carnal knowledge of a woman under any of the following:
- By force or intimidation;
- When the woman is deprived of reason or otherwise unconscious; or
- When the woman is under twelve years of age, regardless of force or reason.
Application of Article 335 to the Case
Though it was not clearly established that Atento used force or intimidation, the Court held him liable under paragraph 2 because Glenda was deprived of reason due to her mental retardation. Alternatively, since she had the mentality of a child under twelve years old, paragraph 3 would also apply, thus establishing the commission of rape. The Court cited precedents that extended this protection to women mentally incapable of giving consent, equating them with victims deprived of reason or unconscious.
Precedents and Legal Interpretations
The Court referred to prior decisions, such as People v. Atutubo, People v. Palma, and People v. Sunga, where rape was recognized despite lack of force where the victims were mentally incapacitated or retarded. The principle is that mental deficiency impairs the will to resist or consent, satisfying the element of rape under Article 335(2). Chief Justice Aquino’s commentary on the Revised Penal Code was also quoted to emphasize that deprivation of reason need not be total; mental abnormality or deficiency suffices.
Trial Court’s Findings and Reasoning
The trial court convicted Atento of rape under paragraph 3, stating that Glenda’s mental age precluded her from providing legal consent. The court found her testimony credible and consistent with a person of limited intelligence, incapable of fabrication or deceit. It recognized the innocence behind her naïve description of the acts and noted the threat and fear exerted over her, affecting her submission. The resemblance of the child to Atento further supported the prosecution’s ca
...continue readingCase Syllabus (G.R. No. 84728)
Facts and Background of the Case
- The accused-appellant, Cesar Atento, a 39-year-old married storekeeper with eight children, was charged with rape against Glenda Aringo, a 16-year-old neighbor.
- Glenda claimed that Atento raped her five separate times, beginning around April 1986, starting when she went to his store to buy bread.
- Atento allegedly coaxed Glenda inside his house, where he deflowered her; she experienced physical pain and bleeding from the assault.
- After the initial rape, Atento reportedly gave Glenda P5.00, and the subsequent acts involved sexual intercourse which Glenda described as "masarap" (pleasurable/tickling).
- Glenda did not initially disclose the assaults due to threats against her life by Atento.
- She later became pregnant and admitted that Atento was the father of her child, who was born on December 27, 1987.
- Atento denied the charges, claiming harassment motivated by a relative’s desire to remove him from his property; he also described Glenda as of loose morals with alleged prior sexual encounters.
Mental Condition and Credibility of the Victim
- Glenda was found to be a mental retardate with an intellectual capacity between 9 and 12 years based on intelligence and psychological tests conducted by a clinical psychologist.
- She exhibited limited vocabulary, poor judgment, inadequate information, and an inability to differentiate essential details or abstract concepts.
- Despite her mental incapacity, Glenda was found capable of telling the truth.
- Testimonies from her mother and relatives corroborated her limited mental age and childlike behavior, including low academic achievement and a preference for playing with younger children.
- The victim's statement of finding the sexual act "pleasurable" was attributed to her limited intellectual capacity and mental retardation.
Legal Issue: Rape under the Revised Penal Code
- The case hinges on Article 335 of the Revised Penal Code defining rape and the circumstances warranting its commission:
- By force or intimidation
- When the woman is deprived of reason or otherwise unconscious
- When th