GR 118027; (January, 2004) (Digest)
G.R. No. 118027; January 29, 2004
PEOPLE OF THE PHILIPPINES, Appellee, vs. RICARDO BALATAZO, Appellant.
FACTS
The appellant, Ricardo Balatazo, was charged with rape under Article 335, paragraph 1 of the Revised Penal Code for allegedly having carnal knowledge of his cousin, Marina Caño Dapo, through force and intimidation on February 16, 1991. The prosecution established that Marina, then 24 years old, was mentally deficient, having the mentality of a child due to a childhood illness. Her mother noticed contusions on her knees, and Marina narrated that the appellant went to their house, made her lie down, undressed her, and had sexual intercourse with her. Medical examination confirmed old hymenal lacerations.
After the prosecution rested, the appellant filed a Demurrer to Evidence, arguing that the prosecution failed to prove force or intimidation as alleged in the information. The trial court, however, convicted him under Article 335, paragraph 2, ruling that sexual intercourse with a woman who is deprived of reason constitutes rape, and that Marina’s mental retardation was sufficiently proven.
ISSUE
Whether the appellant can be convicted of rape under Article 335, paragraph 2, despite being charged under paragraph 1, based on the victim’s mental deficiency.
RULING
Yes, the Supreme Court affirmed the conviction but modified the legal basis. The Court held that an accused can be convicted of a crime proved by the evidence, even if it differs from the specific mode alleged in the information, provided it is included in the offense charged. Rape under paragraphs 1 (by force/intimidation) and 2 (when the woman is deprived of reason) of Article 335 are not separate crimes but different modes of committing the single crime of rape.
The evidence conclusively established that Marina was a mental retardate, incapable of giving rational consent. Her testimony, though given with difficulty, was credible and consistent, and her mental condition was of common knowledge in the barangay. Given her deficiency, it was improbable she fabricated the charge. The absence of force or intimidation became immaterial because carnal knowledge with a woman deprived of reason is rape by statutory definition. Thus, the appellant was properly found guilty of rape. The Court modified the damages, awarding ₱50,000.00 as civil indemnity and ₱50,000.00 as moral damages, in line with prevailing jurisprudence.