G.R. No. 139694. December 27, 2002.
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. CENON PAGSANJAN Y CARLOS, Accused-Appellant.

FACTS

Spouses Alfredo and Felicidad Carreon had a daughter, Maritess Carreon, born on September 7, 1973, who was a mental retardate with a mental age of six years and six months. The family employed Delia Fernandez as a laundrywoman. Delia’s common-law husband, accused-appellant Cenon Pagsanjan (known as Cenon Galman), was a tricycle driver who frequented the Carreon residence. One night in September 1992, while Felicidad was hospitalized, Maritess was alone at home. Accused-appellant awakened her, asked for water, then forced her to lie down, mounted her, and succeeded in having carnal knowledge against her will, threatening to kill her if she told anyone. In January 1993, Felicidad noticed Maritess’s bulging abdomen. Upon questioning, Maritess identified accused-appellant as the father of her child. Medical examinations confirmed her pregnancy and moderate mental retardation. Dr. Susan Sabado, a clinical psychologist, determined Maritess had an I.Q. of 50 and a mental age of six years and eight months, incapable of determining right from wrong. Maritess gave birth to a baby boy on June 13, 1993. An Information for rape under Article 335, paragraph 3 of the Revised Penal Code was filed against accused-appellant. The Regional Trial Court found him guilty beyond reasonable doubt of simple rape, sentencing him to reclusion perpetua, ordering him to acknowledge and support the child, and to pay indemnity of P40,000.00. Accused-appellant appealed, contending the trial court relied on the weakness of the defense and erred in not crediting the expert opinion that Maritess was capable of free and voluntary will.

ISSUE

Whether the trial court erred in convicting accused-appellant of rape by relying on the weakness of the defense evidence rather than the strength of the prosecution’s evidence, and in not giving credence to the expert testimony that the private complainant, despite her moderate mental retardation, was capable of giving her free and voluntary will.

RULING

The Supreme Court affirmed the conviction with modification. The prosecution proved accused-appellant’s guilt beyond reasonable doubt. The trial court correctly relied on the strength of the prosecution’s evidence, not the weakness of the defense. The testimony of Dr. Annabelle Reyes was initial and incomplete; she referred Maritess to Dr. Sabado for a comprehensive psychological examination. Dr. Sabado’s report established that Maritess was an imbecile with a mental age of six years and eight months, incapable of comprehending the nature and consequences of her actions or determining right from wrong. As a mental retardate, Maritess was incapable of giving intelligent consent to sexual intercourse. Carnal knowledge of a woman who is deprived of reason or otherwise unconscious constitutes rape under Article 335 of the Revised Penal Code. The defense of denial and alibi was weak and uncorroborated. The award of damages was modified: accused-appellant is ordered to pay civil indemnity of P50,000.00 and moral damages of P50,000.00. He is also ordered to give support to his son, Bryan Dexter, in an amount and under terms to be determined by the trial court in a proper proceeding, with support arrears reckoned from the promulgation of the trial court’s decision.