G.R. No. L-45083. June 24, 1985.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANGEL SUNGA, defendant-appellant.

FACTS

The accused, Angel Sunga, was charged with the rape of Estrella Arellano. The information alleged that on March 13-14, 1974, in Daet, Camarines Norte, Sunga, by means of force and intimidation, had carnal knowledge of Arellano, a woman of abnormal mental faculty, against her will. The prosecution established that Estrella, then 23 years old, had been mentally retarded since childhood, with the mentality of an 8- or 9-year-old. Her mother testified to Estrella’s severe limitations, including being deaf, a stutterer, and incapable of independent activity. On March 13, 1974, Sunga took Estrella from her mother’s market stall to a house where they spent the night and had sexual intercourse multiple times. The next day, Sunga compelled Estrella to copy a letter falsely stating she had eloped with him and to withdraw money from a bank.
Medical examination confirmed recent sexual intercourse and physical abrasions. During the investigation and preliminary examination, Estrella demonstrated significant difficulty in communicating, requiring time and repetition to recall events. Sunga, in his sworn statement, admitted knowing Estrella was mentally deficient and having intercourse with her. At trial, Estrella could not testify, crying and behaving abnormally when presented.

ISSUE

Whether the accused is guilty of rape given that the sexual intercourse occurred with a woman suffering from congenital and permanent mental retardation.

RULING

Yes, the Supreme Court affirmed the conviction for rape. The legal logic centers on the nature of consent under Article 335 of the Revised Penal Code. For consent to be valid in sexual relations, it must be intelligent, voluntary, and given by a person capable of discernment. The Court found conclusive and uncontested evidence that Estrella Arellano was congenitally and permanently mentally retarded, possessing the understanding of a young child. This condition rendered her utterly incapable of giving meaningful consent to a sexual act.
The accused’s own admission that he knew of her mental deficiency was pivotal. Consequently, sexual intercourse with a woman in such a state is deemed rape, as it is equivalent to having carnal knowledge with a woman deprived of reason or otherwise unconscious. The law presumes force or intimidation in such cases because genuine consent is legally impossible. The defense of voluntary consent was therefore untenable. The Court modified the judgment by increasing the indemnity to P30,000.00 but sustained the penalty of reclusion perpetua.