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Puelay, Villasis, Pangasinan and within the jurisdiction of this Honorable Court, the above-named accused, by means of force, violence and intimidation, did then and there willfully, unlawfully and feloniously have sexual intercourse with AAA, 14 years old, with a mental age of a 5 [-]year[-]old [child], against her will and without her consent, to her damage and prejudice. She also confirmed that Allan was the man she was referring to when the prosecutor pointed at Allan.49 AAA was asked how Allan became XXX's father. Frederick Panlilio of the National Bureau of Investigation Photo Laboratory took photos of the whole proceedings.60 On March 3, 2010, the defense presented Dela Cruz as an expert witness. It seems that there is an air coming out from the nose when she talks." [She] concluded that AAA was fit to testify as a witness depending on her emotional condition when she testifies although she was "not oriented to time, date and place." Her degree of honesty was great because, with mental age of 5 to 7 years old, she does not know what is right or wrong.46 (Emphasis supplied) AAA was already 20 years old on May 21, 2008 when she testified.47 She confirmed that XXX was her four (4)-year-old child.48 She identified Allan as XXX's father.

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Even without the results of the DNA paternity test, "the degree of proof to convict [him] beyond reasonable doubt was sufficiently established by the prosecution."77 Thus, WHEREFORE, the Decision of the Regional Trial Court of Villasis, Pangasinan, Branch 50 in Criminal Cases Nos. Quintas y Badilla,120 this Court emphasized that the conditions under Article 266-A should be construed in the light of one's capacity to give consent.121 Similarly, this Court clarified that an intellectually disabled person is not automatically deprived of reason.122 Thus, We are aware that the terms, "mental retardation" or "intellectual disability," had been classified under "deprived of reason." The terms, "deprived of reason" and "demented", however, should be differentiated from the term, "mentally retarded" or "intellectually disabled." An intellectually disabled person is not necessarily deprived of reason or demented.

Her positive identification of the accused and the narration of the sordid acts committed against her sufficed.76 Additionally, the testimonies of the prosecution witnesses adequately supported Allan's conviction. The examination revealed that at the time of examination, AAA's Intelligence Quotient was 42 and her level of intelligence was equal to Moderate Mental Retardation.114 Also, she had a mental age of a five (5)-year-and-eight (8)-month-old child.115 AAA underwent another mental status examination with Dr. The examination revealed that she had a "mild degree of mental retardation."116 AAA "belonged to sub-average intellectual with an IQ of 70."117 Although AAA was already 19 years old at that time, her mental age was that of a child aged five (5) to seven (7) years.118 For this reason, Allan's acts amounted to rape under Article 266-A 1 (d) of the Revised Penal Code, as amended.119 In People v.

The sole issue for resolution is whether Allan's guilt was proven beyond reasonable doubt. (the government prosecutor pointing to accused Allan Corpuz). Therefore, in determining whether a person is "twelve (12) years of age" under Article 266-A (1) (d), the interpretation should be in accordance with either the chronological age of the child if he or she is not suffering from intellectual disability, or the mental age if intellectual disability is established.125 (Emphasis provided) If a woman above 12 years old has a mental age of a child below 12, the accused remains liable for rape even if the victim acceded to the sordid acts.126 The reason behind the rule "is simply that if sexual intercourse with a victim under twelve years of age is rape, it must thereby follow that carnal knowledge of a woman whose mental age is that of a child below twelve years should likewise be constitutive of rape."127 II To qualify as a witness, the basic test is "whether he [or she] can perceive and, perceiving, can make known his [or her] perception to others."128 Rule 130 of the Rules of Court provides: Section 20. - Except as provided in the next succeeding section, all persons who can perceive, and perceiving, can make known their perception to others, may be witnesses. Given that AAA's qualification as a witness is already settled, AAA's mental state also does not prevent her from being a credible witness.132 The credibility as a witness of an intellectually disabled person is upheld provided that she is capable and consistent in narrating her experience. Monticalvo y Magno:133 Emphasis must be given to the fact that the competence and credibility of mentally deficient rape victims as witnesses have been upheld by this Court where it is shown that they can communicate their ordeal capably and consistently.

On November 5, 2013, the Office of the Solicitor General filed a Manifestation on behalf of the People of the Philippines stating that it would no longer file a supplemental brief.83 A similar Manifestation84 was filed by the Public Attorney's Office on behalf of Allan. Both are considered incapable of giving rational consent because both are not yet considered to have reached the level of maturity that gives them the capability to make rational decisions, especially on matters involving sexuality. Hence, a person's capacity to decide whether to give consent or to express resistance to an adult activity is determined not by his or her chronological age but by his or her mental age. A person with low Intelligence Quotient may still perceive and is capable of making known his or her perception to others.

This was done in the presence of Assistant Provincial Prosecutor Rodelle T. She affirmed that the comparison of their DNA profiles revealed a "100% proof that the accused is the biological father of XXX."62 Forensic Chemist Mary Ann Aranas conducted a confirmatory test, which affirmed the test result of the DNA paternity test.63 Through a Joint Decision,64 the Regional Trial Court convicted Allan of four (4) counts of Simple Rape on March 29, 2011.

She responded, "Iniyot nak, sir." (He had sex with me, sir.) She attested that when she was 13 years old, Allan had sex with her on four (4) occasions, each of which he gave her money.50 On the other hand, Allan and his daughter, Almeda Corpuz-Generosa (Almeda), testified for the defense.51 The testimony of Almeda was dispensed with after the prosecution agreed to accept her proposed testimony.52 She testified that when she asked AAA about her pregnancy, AAA failed to disclose who impregnated her.53 Allan denied the accusations and insisted that all the charges against him were merely fabricated by AAA's father, FFF.54 He allegedly sacked FFF as a truck driver in his sand and gravel business in 2001 for allowing his son to drive the truck that led to an accident.55 FFF allegedly also reported to the police that Allan had illegal drugs m his place,56 which caused his incarceration for illegal possession of dangerous drugs on January 2, 2002.57 He was later acquitted of the charge.58 Upon motion before the trial court, the defense applied for Deoxyribonucleic Acid (DNA) paternity test, which was granted on April 20, 2009.59 Forensic Biologist III Demelen dela Cruz (Dela Cruz) and Forensic Chemist I Gemma Shiela Orbeta of the National Bureau of Investigation, Manila, took biological samples such as buccal swab and blood from Allan, AAA, and XXX in open court. She testified that part of her duties as a forensic biologist was to conduct DNA paternity tests.61 Dela Cruz detailed every procedure that she followed beginning with DNA extraction and analysis using "a fully automated genetic analyzer (ABI 310 genetic analyzer)" until the printing of the resulting electropherogram, which had the DNA profiles of Allan, AAA, and : XXX.

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8353,103 provides: a) Through force, threat, or intimidation; b) When the offended party is deprived of reason or otherwise unconscious; c) By means of fraudulent machination or grave abuse of authority; and d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. Hence, whether Allan impregnated AAA does not matter since the elements of rape were already proven.

As older sister, CCC; AAA's uncle, GGG; AAA's aunt by affinity, EEE; Dr. Araos-Liberato); Brenda Tablizo (Tablizo); SPOl Diosdado Macaraeg (SPOl Macaraeg); Dr. She advised AAA to "drink something bitter" and to ask their aunt EEE about her condition. Pregnancy test( ) corresponds to three (3) to four (4) months [a]ge of gestation.36 Since the defense stipulated to admit her purported statements and the existence of the Medico Legal Certificate, her testimony was dispensed with.37 Brenda Tablizo, a Psychologist II of the National Bureau of Investigation, Manila, testified that she conducted AAA's neuropsychiatric examination and evaluation on February 26, 2003 upon the request of Agent Gerald Geralde (Agent Geralde) of the National Bureau of Investigation, Dagupan City.38 Tablizo identified the March 6, 2003 Report that she had sent to Agent Geralde,39 which stated that: Tablizo testified that AAA told her that Allan "inserted his penis into her organ" (inserrek na dadiay boto na kaniak)41 during an interview. Allan gave her "[₱]100.00, [₱]150.00, sometimes [₱]250.000." 51 Id.

8353.10 (Emphasis in the original, citation omitted) Upon arraignment, Allan pleaded not guilty to the charges.11 Joint trial on the merits ensued.12 The prosecution presented the following as witnesses: AAA's mother, BBB; AA. BBB testified that her sister-in law, DDD, told her on March 2, 2003 that AAA was raped.13 BBB found out from a psychiatrist that it was Allan who raped her daughter.14 She revealed that Allan had also raped CCC.15 However, that case was settled since Allan was her brother-in-law.16 CCC affirmed that sometime in 2002, AAA allegedly informed her that she was not having her period.

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