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PEOPLE v MAGABO 1. Were all elements of rape proven? Is the victim a mental retardate?

Ratio for Issue #1


Rape|Janurary 23, 2001| Gonzaga-Reyes, J. here.
a. ART. 266-A. Rape; When and How Committed.—Rape is committed.
Nature of Case: Appeal from the Decision of the RTC of Quezon City, Branch 95 1) By a man who shall have carnal knowledge of a woman under any
Digest maker: Kyle of the following circumstances:
SUMMARY: Magabo raped a menal retardate name Noemi Dacanay. Magabo appealed. a) Through force, threat or intimidation;
DOCTRINE: Proof of force or intimidation is unnecessary to as a mental retardate is not b) When the offended party is deprived of reason or otherwise
capable of giving consent. What needs to be proven is: a) the victim is deprived or reason/a unconscious;
mental retardate b) sexual congress happened c) By means of fraudulent machination or grave abuse of authority;
d) When the offended party is under twelve (12) years of age or is
FACTS: demented, even though none of the circumstances mentioned above be present.
• This is an appeal from the Decision dated May 14, 1999 of the Regional Trial Court of
Quezon City, Branch 95, in Criminal Case No. Q-98-77588, finding accused Rolando Under Art 266-A, there are two circumstances where rape can be committed with
Magabo y Magarte guilty beyond reasonable doubt of the crime of Rape and women with a mental disability:
sentencing him to suffer the penalty of Reclusion Perpetua.
Subparagraph b) thereof refers to rape of a person “deprived of reason,” while
• June 23, 1998 1pm: subparagraph d) refers to rape of a “demented” person. Being “deprived of reason”
Noemi Dacanay, a mental retardate, was selling fried bananas at Frisco means to suffer from mental abnormality, deficiency or retardation. On the other
Market, QC. She was approached by Rolando “Lanie” Magabo who invited her to his hand, being “demented” means having “dementia,” defined in Black’s Law
house. Dictionary as a “form of mental disorder in which cognitive and intellectual
functions of the mind are prominently affected; x x x x x x total recovery not possible
• They both went there. Rolando’s mother wasn’t there so the house was empty. since cerebral disease is involved.” “Demented” also refers to madness or insanity. A
Defendant Magabo, once in the house, seized the opportunity and started fondling mental retardate, therefore, can be classified as a person “deprived of reason,” not
the Noemi on the breasts and started kissing her on the lips. He then made her lie on one who is “demented,” and carnal knowledge of a mental retardate is considered
the floor and had sexual intercourse with her rape under subparagraph b), not subparagraph d) of Article 266-A (1). Hence, it is
error for the court a quo to categorize the rape in this case under subparagraph d).

• Noemi left the house then went straight to her mother and confessed what happened.
Proof of force or intimidation is unnecessary to as a mental retardate is not capable of
Thereafter her mother reported the incident to the police. Noemi was examined by
giving consent. What needs to be proven is:
Dr. Ma. Christina Freyra, the Medico-Legal Officer of the PNP Crime Laboratory. She
a. the victim is deprived or reason/a mental retardate
found several healed lacerations on the victim’s hymen.
b. sexual congress happened

• Defendant denied the charges claiming that between 1 and 2 o’clock of June 23 1998
Sexual congress undoubtedly happened as the physical evidence is overwhelming.
he was at the corner of Roosevelt Avenue and San Francisco del Monte, QC selling
The victim is also a mental retardate as her physical features, actuations and level of
shorts and t shirts at the sidewalk. He does not recall seeing her in the market despite
intelligence point out.
admitting knowing her and her parents. He also alleges that it was a certain Freddie
Buenaflor with whom he has beef with who informed Noemi’s father of the rape.
According to her mother and confirmed by the Medico-legal officer witness in court:
mongoloid i.e. mentally retarded
• Trial court found him guilty of RAPE penalised under Art 335, amended by Art 266A
and Art 266-B. Knowledge of the offender of the mental disability of the victim at the time of the
ISSUE/S & RATIO: commission of the crime of rape qualifies the crime and makes it punishable by death
under Article 266-B, paragraph 10 of the Revised Penal Code, as amended by R. A.
8353.[20] An allegation in the information of such knowledge of the offender is
necessary as a crime can only be qualified by circumstances pleaded in the
indictment.

There was no allegation in the information that the accused had knowledge of the
mental disability of the victim at the time rape was committed. Thus,
notwithstanding proof of such knowledge, the accused can only be held liable for
simple rape.

RULING: WHEREFORE, the questioned Decision is hereby AFFIRMED with MODIFICATION that
the award of Exemplary Damages in the amount of P25,000.00 is deleted.