G.R. No. 142577 December 27, 2002
People of the Philippines, plaintiff-appellee, vs. Ruperto Ramos y Dela Cruz, accused-appellant.

FACTS

An Information was filed charging accused-appellant Ruperto Ramos y Dela Cruz with the rape of his niece, Jocelyn Ramos, a 16-year-old mentally retarded minor, on or about December 14, 1997, in Sta. Maria, Bulacan. The prosecution evidence established that on said date, accused-appellant, the uncle of the victim, called Jocelyn to his house, locked her inside his bedroom, undressed her, and had carnal knowledge of her against her will, threatening her not to tell anyone. The victim’s younger sister, Mary Grace, and a neighbor, Joel Santiago, witnessed parts of the incident by peeping through a window. The victim’s mother, Fortunata, reported the crime after being informed by Mary Grace. Medical examination confirmed healed hymenal lacerations consistent with sexual intercourse, and psychiatric evaluation determined Jocelyn was a mental retardate with a mental age of a six-year-old child. The defense presented denial and alibi, claiming the victim never entered his house that day and attributing the complaint to the mother’s grudge over financial and property disputes. The Regional Trial Court found accused-appellant guilty beyond reasonable doubt of rape and imposed the death penalty, citing the aggravating circumstance that the victim was under eighteen and the offender was a relative within the third civil degree.

ISSUE

Whether the trial court gravely erred in giving credence to the testimonies of the prosecution witnesses and in finding the accused-appellant guilty beyond reasonable doubt of the crime of rape.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court upheld the trial court’s assessment of the credibility of the victim’s testimony, which was clear, consistent, and corroborated by the testimonies of child witnesses and medical evidence. The defense of denial and alibi could not prevail over the positive identification by the victim. However, the Court found that the qualifying circumstance of the victim’s mental retardation was not sufficiently alleged in the Information. The Information stated the victim was a “mentally retarded minor” and that the accused knew of her condition, but it did not specifically allege that such retardation rendered her incapable of giving valid consent, which is required to qualify the rape under Article 266-A of the Revised Penal Code. Consequently, the crime was simple rape, not qualified rape punishable by death. The penalty was reduced to reclusion perpetua. The civil indemnity was reduced from P75,000.00 to P50,000.00, and moral damages of P50,000.00 were additionally awarded.