G.R. No. 121878 December 5, 1997
People of the Philippines, plaintiff-appellee, vs. Hector Estares, accused-appellant.

FACTS

On June 3, 1993, Rogelio Gange, Jr. returned to his family home in Jordan, Guimaras, and discovered his nephew, appellant Hector Estares, having sexual intercourse with his 39-year-old sister, Tessie Gange, who was mentally retarded. Rogelio struck the appellant with a piece of wood, rendering him unconscious. The incident was reported to the police and to their sister, Chita Simpelo. Tessie was medically examined by Dr. Ricardo Jaboneta of the NBI, who found a healed hymenal laceration consistent with sexual intercourse occurring on or about the alleged date. Psychiatric evaluations by Dr. Japhet Gensaya and Dr. Ma. Corazon Berjes confirmed Tessie had the mentality of a 6-year-old child and was moderately mentally retarded. The appellant was charged with rape. At trial, the appellant denied the accusation, claiming he was assaulted by Rogelio when he went to their house to get water, and alleged the complaint was motivated by family resentment over property disputes. The Regional Trial Court convicted the appellant of rape under Article 335 of the Revised Penal Code and sentenced him to reclusion perpetua, ordering him to indemnify Tessie Gange P30,000 as moral and exemplary damages.

ISSUE

Whether the trial court erred in convicting the appellant of rape based on the evidence presented.

RULING

The Supreme Court affirmed the conviction but modified the damages. The appellant’s guilt was proven beyond reasonable doubt. The positive identification by eyewitness Rogelio Gange, Jr., who caught the appellant in the act, was credible and corroborated by the medico-legal findings of Dr. Jaboneta. The defense of denial and alibi could not prevail over this clear and positive testimony. The claim of ill-motive was unconvincing, as the property dispute involved the appellant’s mother, not the appellant himself, and the rape complaint was filed promptly after the incident, whereas the appellant’s counter-charge was filed later. The mental retardation of the victim, established by expert testimony, constituted deprivation of reason under Article 335(2) of the Revised Penal Code, making force or intimidation unnecessary to constitute rape. The Court modified the award of damages, granting P50,000 as civil indemnity and P10,000 as exemplary damages (due to the aggravating circumstance of dwelling), and deleted the award of moral damages as the victim was not presented to testify about her sufferings. The appeal was dismissed.