G.R. No. 93143 August 4, 1992
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MAXIMO R. RACE, JR., accused-appellant.

FACTS

The accused-appellant, Maximo R. Race, Jr., was convicted of rape by the Regional Trial Court of Masbate and sentenced to reclusion perpetua. The victim, Maria Pura, is a 40-year-old woman who is deaf-mute, mentally retarded, a polio victim, and cannot stand unsupported. On September 14, 1988, around 10:00 a.m., her sister Elvira Collantes left her alone in their house. The accused, who was known to the family and sometimes slept in an attachment to the house, asked for and was granted permission to use the toilet outside. Noel Abela, a nephew who lived in the residence, returned home from school and heard a voice. He went to the kitchen and saw the accused putting on his pants. He then saw Maria Pura in the dining room, laughing. When asked what happened, Maria Pura made a push-pull body movement. Noel accused the accused of rape, was slapped by the accused, and then reported the incident. When confronted by the family, Maria Pura pointed to the accused. A medical examination conducted the next day by Dr. Artemio Capellan revealed the presence of human semen and dead sperm in her vagina and an old hymeneal laceration. The accused denied the crime, claiming he merely used the toilet and was framed because he had slapped Noel after being made fun of. The trial court found the victim, due to her mental condition, incapable of giving consent and held that moral compulsion tantamount to intimidation was employed. It also erroneously appreciated the aggravating circumstance of reiteracion based on the accused’s prior homicide conviction.

ISSUE

Whether the trial court erred in finding the accused-appellant guilty beyond reasonable doubt of the crime of rape.

RULING

The Supreme Court AFFIRMED the conviction but MODIFIED the decision by deleting the award of moral damages and the appreciation of the aggravating circumstance of reiteracion. The Court held that the guilt of the accused was proven beyond reasonable doubt. The victim’s mental retardation and physical condition rendered her incapable of giving intelligent consent to sexual intercourse. Her actions (pointing to the accused and making a push-pull movement) and the medical findings corroborated the commission of rape. The defense of denial and alibi could not prevail over the positive evidence. The award of moral damages was deleted as it was not pleaded nor proved during trial. The aggravating circumstance of reiteracion was improperly appreciated as it was not alleged in the information, was not proven by the prosecution, and the penalty for the prior crime (homicide, reclusion temporal) is not equal to or greater than that for rape (reclusion perpetua). The accused was credited with the full time of his preventive imprisonment.