G.R. No. 132295 . May 31, 2000.
People of the Philippines, plaintiff-appellee, vs. Andres Lubong y Paje, accused-appellant.

FACTS

Accused-appellant Andres Lubong was charged with Rape under the Revised Penal Code and Sexual Abuse under Republic Act No. 7610 (the Special Protection of Children Against Abuse, Exploitation and Discrimination Act) for allegedly having carnal knowledge of Jennifer Mangcol on May 23, 1995. The prosecution established that the victim was 17 years old at the time of the incident. Crucially, the prosecution presented the testimony of a physician-psychiatrist, Dr. Aida Muncada, who examined Jennifer and concluded that while she was 17 years old, her mental capacity was akin to that of a six-year-old child, classifying her as a mental retardate.
The victim’s testimony, given through leading questions allowed by the trial court due to her mental state, detailed how the accused entered her home, undressed her, and had sexual intercourse with her against her will. Medical examination confirmed healed hymenal lacerations. The defense, relying mainly on denial and alibi, claimed the accused was elsewhere during the incident. The Regional Trial Court convicted Lubong of both charges and sentenced him to reclusion perpetua for rape.

ISSUE

The core issue is whether the accused-appellant can be validly convicted of both Rape under Article 335 of the Revised Penal Code and Sexual Abuse under Section 5(b) of Republic Act No. 7610 for a single criminal act.

RULING

The Supreme Court affirmed the conviction but modified the penalties. The legal logic is that an accused cannot be punished twice for the same offense. The Court held that the act of sexual intercourse with a minor, as described under RA 7610, is absorbed by the crime of Rape when the victim is a mental retardate. RA 7610 is a special law designed to protect children from abuse and exploitation, but when the circumstances of the abuse constitute a felony under the Revised Penal Code, such as rape, the provisions of the special law yield to the penal code. The Court ruled that the information for Sexual Abuse under RA 7610 was superfluous. Consequently, the accused is guilty only of the crime of Rape under Article 335(3) of the Revised Penal Code, as the victim’s mental deficiency is equivalent to the statutory condition of being “deprived of reason.” The penalty of reclusion perpetua was sustained. The Court also modified the damages, ordering the accused to pay the victim P50,000.00 as civil indemnity and P50,000.00 as moral damages, in line with prevailing jurisprudence.