GR 142005; (January, 2002) (Digest)
G.R. No. 142005; January 23, 2002
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ATILANO GILBERO, accused-appellant.
FACTS
The accused-appellant, Atilano Gilbero, was charged with the rape of Ana Maria Martelino, a 21-year-old mental retardate with the mental age of a six-year-and-six-month-old child. The information alleged that on April 28, 1995, in Calamba, Laguna, the accused, by means of force and intimidation, had carnal knowledge of the victim against her will. The prosecution established that the accused, a calesa driver, fetched the victim on April 24, 1995, under the pretext of taking her to a classmate’s house. Instead, he brought her to various locations, including his relatives’ houses in Manila and Laguna, introducing her as his wife. The victim was found days later in the accused’s company after a public search.
ISSUE
The core issue is whether the accused-appellant is guilty beyond reasonable doubt of the crime of rape, considering the victim’s mental condition and the surrounding circumstances of the case.
RULING
The Supreme Court affirmed the conviction. The legal logic centered on the application of Article 335, paragraph 3 of the Revised Penal Code, which penalizes rape committed when the woman is “demented.” The Court found the victim’s mental retardation, conclusively established by a neuro-psychiatric evaluation showing a mental age of six years and six months, to be a central fact. This condition rendered her incapable of giving intelligent consent to sexual acts. The medico-legal findings, while noting an intact hymen, confirmed that complete penetration was possible without injury and indicated recent sexual intercourse. The accused’s defense of denial and alibi was deemed weak and unsubstantiated.
The Court emphasized that the victim’s credible narration, through her sworn statement and consistent with medical findings, sufficiently proved the crime. It rejected the accused’s claim of being unaware of her condition, noting that multiple witnesses, including his own cousin, had immediately noticed her abnormal behavior. The totality of evidence—the abduction, the victim’s mental state, the medical conclusions, and the accused’s conduct—proved he took advantage of her mental deficiency to satisfy his lust. Thus, all elements of statutory rape under Article 335(3) were present, warranting the penalty of reclusion perpetua and the awarded damages.