G.R. No. 126545 April 21, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LORENZO ANDAYA y FLORES, accused-appellant.

FACTS

The accused-appellant, Lorenzo Andaya, was convicted of rape and sentenced to death by the Regional Trial Court. The information alleged that on or about July 25, 1994, in Libmanan, Camarines Sur, Andaya, by means of force and intimidation and taking advantage of the mental disorder of the victim, had carnal knowledge of 17-year-old Nelly Solano against her will. The victim lived with her family, and Andaya had been allowed to stay in their home as a transient. The prosecution established that Andaya raped Solano multiple times when her parents were absent, threatening to kill her. A medical examination confirmed old hymenal tears and a pregnancy, which resulted in the birth of a child whom Solano identified as Andaya’s.
A court-ordered psychiatric evaluation revealed that Solano suffered from moderate mental retardation, with an I.Q. of 31 and a mental age estimated between 5 to 9 years. The psychiatrist opined that she was competent to testify as a witness, as she could delineate truth from fantasy and relate her story. The defense relied on denial and alibi, claiming consensual relations, which the trial court rejected.

ISSUE

The core issue for automatic review is whether the trial court correctly convicted Lorenzo Andaya of rape and imposed the death penalty.

RULING

The Supreme Court affirmed the conviction but modified the penalty to reclusion perpetua. The Court found the victim’s testimony credible and consistent, corroborated by medical evidence and the birth of a child. Her mental condition did not impair her competency to testify, as the psychiatric report confirmed her capacity to distinguish truth from falsehood and narrate events. The defense of denial and alibi was deemed weak and unsubstantiated.
Regarding the penalty, the Court ruled that the death penalty was improperly imposed. While the information alleged the aggravating circumstance of the victim’s mental disorder, Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659 , mandates the death penalty only when the rape is committed with a deadly weapon or when the victim is under 18 and the offender is a parent, ascendant, step-parent, guardian, or relative by consanguinity or affinity within the third civil degree. None of these qualifying circumstances were present. The victim’s mental retardation, while an aggravating circumstance under the law, does not qualify the crime for the death penalty absent the specific conditions stated. Applying Article 63 of the Revised Penal Code, where the penalty is composed of two indivisible penalties and no aggravating circumstances are proven, the lesser penalty of reclusion perpetua is imposed. The Court also awarded civil indemnity and moral damages but deleted the exemplary damages for lack of basis.