More credible
As we have seen in a recent case, any person, even a deaf mute or mental retardate may be held liable for committing a crime. On the other hand, and more often than not, such kind of person may also be the victim of a crime like in this case of Nana.
Nana is the 31-year-old daughter of Mara. She has been found suffering from a mild level of mental retardation with an IQ of 68 and a mental age equivalent to that of a nine-year-old. She talks monosyllabically, often stammers and needs a caregiver to guide and protect her. Mother and daughter were living in their own house as her father left them already.
Also temporarily staying in their house were Gardo and his wife and family, who are their close family friends of long standing. In fact Nana used to call Gardo, “daddy” as he and family enjoyed free access to any part of the house, having gained Mara’s trust and confidence.
One evening at around nine o’clock, Mara inadvertently saw Gardo come out of Nana’s room. So the next day, she confronted Gardo about this but the latter was unresponsive, like his wife. Not long thereafter however, Rita, their neighbor disclosed to Mara that Nana had talked to her and told her in stunted language that Gardo indeed had gone to her room, removed her clothes, kissed her breast and sexually attacked her. Mara promptly asked Nana whether this is true and Nana confirmed what Gardo did to her.
Mara immediately brought Nana to the police station, then to Camp Crame where Mara reported that Nana exhibited physical signs of having experienced sexual intercourse several times. And so, Gardo was accused of qualified rape before the Regional Trial Court (RTC) where Nana testified in a stunted but clear, spontaneous and candid manner about the sexual abuse by Gardo whom she positively identified.
As sole witness for the defense, Gardo denied and asserted that at the time of the alleged commission of the rape, he and his family were no longer staying with Mara and her daughter Nana. He even said that it was Mara and her sister who maltreated Nana and a complaint has been filed in the Barangay against them for child abuse.
But the RTC still found Gardo guilty beyond reasonable doubt of qualified rape and sentenced him to serve a penalty of reclusion perpetua. The court found Nana’s testimony more credible and has a ring of truth in it as against Gardo’s bare denial. Was the RTC correct?
Yes said the Court of Appeals and the Supreme Court. Carnal knowledge of a woman who is a mental retardate is rape under Article 266-A in relation to Article 266-B (10) of the Revised Penal Code. Proof of force or intimidation is not necessary, as a mental retardate is not capable of giving consent to a sexual act. What needs to be proven here are the facts of sexual congress between the accused and the victim and her mental retardation.
In this case, Nana testified in a clear, spontaneous and candid manner about the sexual abuse and positively identified Gardo as her abuser. Between her categorical testimony that ring of truth on one hand and bare denial of Gardo on the other hand, the former must prevail. Denial and alibi are inherently weak and cannot be given greater evidentiary value than the testimony of a credible witness who testified on affirmative matters. Gardo did not even present the barangay complaint against Mara and her sister to prove ill motive in filing this case.
Even if no medical examination was presented as evidence, the same is not an indispensable element for conviction in rape cases. Her mental retardation can also be proven by how she acts and speaks as observed by the court. It lends greater credence to Nana’s testimony that someone as feeble-minded and guileless as her could speak so tenaciously and explicitly on the details of the rape if she has not suffered such crime at the hands of Gardo. Having the mental age of nine, bolsters Nana’s credibility as a witness considering that a victim at such tender age would not publicly admit that she has been criminally abused unless that was the truth.
So Gardo is really guilty of qualified rape and should be sentenced to serve reclusion perpetua aside from paying Nana moral, exemplary damages, and civil indemnify of P100,000 each or a total of P300,000. Plus interest of six percent per annum until fully paid (People vs. Dela Rosa, G.R. 206419, June 1, 2016).
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