GR 222658; (August, 2016) (Digest)
G.R. No. 222658 , August 17, 2016.
People of the Philippines, Plaintiff-Appellee, vs. Mario Galia Bagamano, Accused-Appellant.
FACTS
An Information was filed charging Mario Galia Bagamano with one count of Rape, alleging that on or about May 1, 2006, in Davao City, by means of force and intimidation, he had carnal knowledge of AAA, a 16-year-old, against her will. AAA, her mother, sister, and Bagamano (her sister’s common-law spouse) lived together. On the afternoon of May 1, 2006, Bagamano, while drunk, pulled AAA from a neighbor’s house into their house. He ordered her to remove her clothes, covered her mouth, and had carnal knowledge of her. AAA later appeared pale, bruised, and limping, with a soiled dress. She confessed the rape to her sister, leading to a medical examination and police report. Bagamano pleaded not guilty but presented no evidence. During trial, a psychiatric consultant testified that AAA, then 20, had mild to moderate mental retardation with a mental age of 6 to 7, could recall events with subtle prodding, had difficulty answering questions, but was in touch with reality and not hallucinating.
ISSUE
Whether Bagamano’s conviction for Rape should be upheld.
RULING
Yes, the conviction is upheld but with modification regarding the appreciation of AAA’s mental condition and the damages awarded. The Regional Trial Court found Bagamano guilty beyond reasonable doubt of Rape under Article 266-A(1) of the Revised Penal Code, sentencing him to reclusion perpetua and ordering him to pay civil indemnity, moral damages, and exemplary damages. The Court of Appeals affirmed the conviction but increased the damages. The Supreme Court affirmed the conviction but clarified that AAA’s mental retardation, while proven at trial, could not be considered in determining the means by which the rape was committed because it was not alleged in the Information. Doing so would violate Bagamano’s right to be informed of the charge. However, the prosecution duly established that Bagamano employed force and intimidation, which was properly alleged, making his conviction proper. The penalty of reclusion perpetua was affirmed. The awards of civil indemnity and moral damages were affirmed at ₱75,000.00 each. The exemplary damages were modified to ₱75,000.00. All monetary awards shall earn legal interest at 6% per annum from the finality of the decision until fully paid.