People v.

Atento (1991)
Facts:
Complainant Glenda Aringo was 16 y/o when she was raped by her neighbor Cesar
Atento, a 39 y/o store-keeper with a wife and 8 children. She claims that she was
raped 5 separate times, the first sometime in April 1986.

Glenda is a mental retardate, with an intellectual capacity between ages 9 and 12

(according to clinical psychologist Belmonte and testified by her mother and a
relative). In her testimony, she said that the first rape happened when she went to
Atento’s store to buy bread. She claims that he persuaded her to come inside the
house and then took her downstairs, where he raped her. She said that she ached
and bled, and that she was give P5.00. Her description of the act of coitus (4 other
times) was “masarap” and “tickling”.

Glenda never told anybody because he had threatened her life. But she could not
conceal her condition and after 5 months had to admit she was pregnant. The child
was born on December 27, 1987 (i.e. 9 months after her rape in April), and
christened Hubert Buendia Aringo (note: trial judge said there was remarkable
resemblance between Atento and the boy).

Atento denies the charge against him saying that it was pure harassment concocted
by a relative of the girl who wanted to eject him from the land where his house was
erected. He also insisted that Glenda was a girl of loose morals.

Issue: WoN Atento is guilty of rape

Held: Yes, RTC judgment is affirmed with mofidication. Atento is guilty of one count
of rape. The 4 other rapes were not conclusively proven. Civil indemnity is increased
from P20k to P30k. Penalty of reclusion perpetua, the obligation to acknowledge
and support the boy as his illegitimate child, and to pay the costs.

Rationale:
Art. 335 RPC. When and how rape is committed. — Rape is committed by having
carnal knowledge of a woman under any of the following circumstances:
1. By using force or intimidation;
2. When the woman is deprived of reason or otherwise unconscious; and

3. When the woman is under twelve years of age, even though neither of the
circumstances mentioned in the two next preceding paragraphs shall be
present. x x x

It has not been clearly established that Atento employed force or threat against
Glenda to make her submit to his lust. However, Atento is guilty of rape under
paragraph 2 because she was deprived of reason (i.e. she is a mental retard suffering
some mental deficiency that impairs her reason or free will); and paragraph 3
because she had a mentality of a girl less than 12 y/o at the time she was raped.

C.J. Aquino explains:

“The absence of will determines the existence of the rape. x x x Carnal knowledge of
a woman so weak in intellect as to be incapable of legal consent constitutes rape.
Where the offended woman was feeble-minded, sickly and almost an idiot, sexual
intercourse with her is rape. Her failure to offer resistance to the act did not mean
consent for she was incapable of giving any rational consent. The deprivation of
reason need not be complete. Mental abnormality or deficiency is enough.”

According to RTC Judge Consulta, it is impossible to believe that she could have
fabricated her charges against Atento, given her low IQ.