Title
People vs. Lintag
Case
G.R. No. L-62324
Decision Date
Dec 29, 1983
A 19-year-old jeepney driver administered Ornacol to a 15-year-old, rendering her unable to resist, and was convicted of rape. The Supreme Court upheld the ruling, emphasizing drug-induced incapacity and lack of consent.

Case Summary (G.R. No. 231658)

Factual Background

The prosecution’s theory rested on the admitted taking of Ornacol and the circumstances surrounding the ensuing carnal intercourse. Lintag and Estella met in connection with the Nepa-Q-Mart area. After their encounter, Lintag bought ten Ornacol capsules at a nearby Mercury Drugstore at Estella’s request or insistence, and the capsules were administered by him. The trial evidence established that Ornacol is a medical preparation against cough and colds containing dextromethorphan hydrobromide and phenylpropanolamine HCI, and that in the prescribed dose (one to two capsules every twelve hours) it is not dangerous. The Court, through judicial notice, further held that an overdose is dangerous because it has a sedative action that causes drowsiness. Lintag admitted that about half an hour after the ten tablets were taken, Estella felt dizzy and wanted to sleep.

Estella narrated that on the afternoon of April 17, 1978, while at Bernardo Park near Quezon City Hall, she was approached by Lintag, who said that a friend and former classmate in Grade six, nicknamed “Baby,” was looking for her. They went first to look for Baby and then walked near the Mercury Drugstore. Estella and Lintag talked about drugs and the “trips” caused by taking them. Lintag purchased Ornacol capsules and asked Estella to take them. She initially refused but later relented after Lintag assured her that nothing would happen and that she could “make her trip” while listening to music from a jukebox. According to Estella, Lintag forced her to open her mouth and placed ten capsules inside her mouth, five at a time.

After taking the capsules, Estella became dizzy and weak. Lintag placed her in a jeep and brought her to a shack in the squatter’s area near the Nepa-Q-Mart. Estella stated that the persons in the house left when they arrived. Lintag undressed her and placed her on a bamboo bed. She testified that she was feeling weak and was not able to offer resistance. Lintag then had sexual congress with her, which caused her much pain. Estella dressed herself, returned to the parked jeep, and at that point her parents arrived. Lintag fled.

Estella and her mother reported the incident that evening to Detective Vicente Madero of the Quezon City Police, but the police did not take her statement then because she was in a state of shock. Her statement was taken three days later. A medical examination showed “hymen with old lacerations at 5, 6, 9 and 11 o’clock positions,” that the vagina admitted two fingers with ease, and that her mons veneris had scanty pubic hair. Estella filed a complaint for rape a week after the incident.

Lintag, for his part, presented a different account. He claimed that he met Estella on March 17, 1978, and that she became his sweetheart. He stated that on April 17, 1978, they met at Bernardo Park, and he invited her to stroll inside the market and then to the Mercury Drugstore where she asked him to buy ten Ornacol capsules with her money. He maintained that they went to a restaurant, but because she felt dizzy, he took her to a friend’s house in the squatter’s area, where they had sexual intercourse with her consent. He also contended that Estella allegedly visited him in jail three or four times and that they had sexual intercourse in a public place.

Trial Court Proceedings

After trial, the Court of First Instance of Rizal, Quezon City Branch V convicted Lintag of rape. It sentenced him to reclusion perpetua and ordered him to indemnify the offended party and her parents in the amount of P31,000 as damages. Lintag then appealed to the Supreme Court, challenging both the factual findings and the legal conclusions of the trial court.

Issues Raised on Appeal

Lintag argued that the prosecution’s case was “utterly unfounded.” He also insisted that the trial court erred in finding that he made Estella take ten Ornacol capsules and that the capsules caused her to lose all power to resist his advances. He further pointed to Estella’s police statement that she became interested in Ornacol and gave him money to buy it. In support of his version, he relied on several handwritten documents attributed to Estella, including an unsworn certification, letters to him in jail, and letters addressing the accused’s family.

The Parties’ Contentions

The prosecution maintained that Lintag caused Estella’s intake of an excessive quantity of Ornacol that produced sedative effects, thereby depriving her of the power to resist. The prosecution’s theory was that once the victim’s ability to resist was taken away by drugs, sexual intercourse conducted thereafter constituted rape even if the victim was conscious.

Lintag’s defense centered on consent and alleged prior relationship. He attacked the prosecution’s narrative regarding coercion by focusing on Estella’s alleged willingness to purchase Ornacol and on the asserted subsequent contact and intercourse after the incident. He also sought to impeach Estella’s credibility by invoking handwritten documents that, in his view, showed circumstances inconsistent with her testimony of coercion and kidnapping. Estella, however, explained that the letters were forced upon her and were copied from originals prepared by members of Lintag’s family, and that she was kidnapped after April 17, 1978.

Supreme Court’s Evaluation of the Evidence

The Court held that Lintag’s guilt was proven beyond reasonable doubt. It emphasized that Estella knew nothing about Ornacol and that it was Lintag’s “sales talk” about “trips” that inveigled Estella into asking him to buy Ornacol. The Court treated Lintag’s culpability as sanctioned by the doctrine that “el que es causa de la causa es causa del mal causado,” meaning the cause of the cause is the cause of the evil caused.

The Court also addressed Lintag’s testimonial claim that Estella visited him in jail several times and that they had sexual intercourse in a public place. It noted that the trial court gave no credence to that claim, and the Supreme Court upheld the trial court’s appraisal.

With respect to the handwritten documents, the Court ruled that they had no probative value. It recognized Estella’s explanation that she was forced to write the letters after she was kidnapped by Boy Lintag, the accused’s brother. It further noted that Exhibit G was copied from a letter prepared by Colonel Lintag, that Exhibit H was copied from a letter prepared by the accused’s father “Tatay Gani,” and that Exhibit I was copied upon Colonel Lintag’s instruction to secure her release. The Court declared that these letters did not weaken the prosecution; rather, they strengthened the evidence proving Lintag’s guilt.

Legal Basis and Reasoning

The Supreme Court anchored its legal reasoning on the principle that rape exists when the ability to resist is removed by administering drugs. It cited the rule that if the ability to resist is taken away by administering drugs, even if the woman may be conscious, sexual intercourse with h

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