G.R. No. 118823 November 19, 1996
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CARLITO ROSARE, accused-appellant.

FACTS

Accused-appellant Carlito Rosare was charged with rape for having carnal knowledge of his cousin, Rosalina Orubia, through force and against her will. The victim was a 30-year-old woman diagnosed with mild mental retardation, possessing the mental capacity of an eight or nine-year-old child. On May 11, 1992, Rosare dragged Orubia to a cogonal area, stripped her naked, and had sexual intercourse with her. The victim did not shout or resist during the act due to Rosare’s threat to kill her. She reported the incident to her parents, leading to a medical examination which confirmed hymenal lacerations. The Regional Trial Court convicted Rosare of statutory rape under Article 335(3) of the Revised Penal Code and sentenced him to reclusion perpetua.

ISSUE

Whether the accused can be validly convicted of statutory rape based on the victim’s mental incapacity, despite the information alleging carnal knowledge through force and not explicitly stating her mental condition.

RULING

The Supreme Court affirmed the conviction. The legal logic is that an information must substantially inform the accused of the charge against him to enable the preparation of his defense. The Court noted that the investigating prosecutor’s resolution, which detailed the victim’s mental retardation, was attached to the information. This constituted substantial compliance. Moreover, Rosare, as the victim’s close cousin, could not feign ignorance of her condition, thus negating any claim of surprise or prejudice. The Court emphasized that carnal knowledge of a woman who is mentally incapable of giving rational consent constitutes rape. The force alleged in the information becomes immaterial; the essence of the crime under the statute is the violation of a person incapable of valid consent due to mental disability. The victim’s credible testimony, supported by medical findings, established the crime beyond reasonable doubt.