G.R. No. 104275 September 28, 1995
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SALVADOR BULAYBULAY, accused-appellant.

FACTS

Accused-appellant Salvador Bulaybulay was convicted of rape by the Regional Trial Court and sentenced to reclusion perpetua. The information alleged that in December 1989, in Kolambugan, Lanao del Norte, he had carnal knowledge of Marilou Pornilos, a 23-year-old woman with a mental age equivalent to a 7 or 8-year-old child, against her will. Marilou, who is deaf and has a speech impediment, was found to be five months pregnant in May 1990. When asked about the father, she identified Bulaybulay, who worked at a nearby hospital and frequented a restaurant below her residence.
The prosecution presented Marilou’s testimony, wherein she demonstrated through sign language that Bulaybulay used his penis to penetrate her vagina, causing bleeding, and that he threatened to kill her. She stated these acts occurred daily inside a bedroom, after he would remove her aunt’s young children from the room. The defense argued the rape was impossible given the location’s proximity to public areas like a restaurant, hospital, and sports court, suggesting the acts could not have gone unnoticed.

ISSUE

Whether the accused-appellant is guilty of rape given the victim’s mental incapacity and the circumstances of the alleged acts.

RULING

The Supreme Court affirmed the conviction. The legal logic centers on the victim’s mental incapacity. Under Article 335 of the Revised Penal Code, as amended, carnal knowledge with a woman under twelve years of age constitutes rape, even absent force, intimidation, or unconsciousness. The Court extended this principle to a woman whose chronological age is above twelve but whose mental age is that of a child below twelve. Here, psychiatric evidence established Marilou’s mental age as 7 or 8 years. Consequently, her consent is legally immaterial; the mere fact of carnal knowledge by the accused suffices for rape.
The Court found the fact of sexual intercourse sufficiently proven by Marilou’s clear, consistent testimony, corroborated by her pregnancy. It rejected the defense of “impossibility,” noting rape can occur even in seemingly public places, and the acts here happened inside a private bedroom. The trial court’s assessment of witness credibility was accorded respect. The Court modified the judgment only to award moral damages of P50,000.00 to the victim, considering her condition as a mental retardate.