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    Rape, G.R. No. 224597, 07292019 - SET A

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    hannah
    This document summarizes a Supreme Court case regarding the rape conviction of Dante Cubay y Ugsalan. The Court ruled that the prosecution failed to prove beyond reasonable doubt that the appellant committed 44 counts of rape against the complainant. While the complainant was a congenital deaf-mute, the Court found that she was mentally capable of giving or withholding consent. Her testimony regarding the alleged rapes lacked details about force or intimidation and showed only evidence of carnal knowledge. The act of her "pushing" the appellant was deemed equivocal and not sufficient proof of resistance or unconsented sex. Therefore, the appellant's conviction was overturned.

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    Rape, G.R. No. 224597, 07292019 - SET A

    Uploaded by

    hannah
    89 views2 pages
    This document summarizes a Supreme Court case regarding the rape conviction of Dante Cubay y Ugsalan. The Court ruled that the prosecution failed to prove beyond reasonable doubt that the appellant committed 44 counts of rape against the complainant. While the complainant was a congenital deaf-mute, the Court found that she was mentally capable of giving or withholding consent. Her testimony regarding the alleged rapes lacked details about force or intimidation and showed only evidence of carnal knowledge. The act of her "pushing" the appellant was deemed equivocal and not sufficient proof of resistance or unconsented sex. Therefore, the appellant's conviction was overturned.

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    This document summarizes a Supreme Court case regarding the rape conviction of Dante Cubay y Ugsalan. The Court ruled that the prosecution failed to prove beyond reasonable doubt that the appellant committed 44 counts of rape against the complainant. While the complainant was a congenital deaf-mute, the Court found that she was mentally capable of giving or withholding consent. Her testimony regarding the alleged rapes lacked details about force or intimidation and showed only evidence of carnal knowledge. The act of her "pushing" the appellant was deemed equivocal and not sufficient proof of resistance or unconsented sex. Therefore, the appellant's conviction was overturned.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    89 views2 pages

    Rape, G.R. No. 224597, 07292019 - SET A

    Uploaded by

    hannah
    This document summarizes a Supreme Court case regarding the rape conviction of Dante Cubay y Ugsalan. The Court ruled that the prosecution failed to prove beyond reasonable doubt that the appellant committed 44 counts of rape against the complainant. While the complainant was a congenital deaf-mute, the Court found that she was mentally capable of giving or withholding consent. Her testimony regarding the alleged rapes lacked details about force or intimidation and showed only evidence of carnal knowledge. The act of her "pushing" the appellant was deemed equivocal and not sufficient proof of resistance or unconsented sex. Therefore, the appellant's conviction was overturned.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    THE PEOPLE OF THE PHILIPPINES, v.

    DANTE CUBAY Y UGSALAN


    G.R. No. 224597, July 29, 2019
    Lazaro-Javier, J.:

    DOCTRINE:

    Carnal knowledge of the female with her consent is not rape, provided she is
    above the age of consent or is capable in the eyes of the law of giving consent. xxx The
    deprivation of reason need not be complete. Mental abnormality or deficiency is
    enough. Cohabitation with a feebleminded, idiotic woman is rape. Sexual intercourse
    with an insane woman was considered rape. But a deaf-mute is not necessarily
    deprived of reason. This circumstances must be proven. Intercourse with a deaf-
    mute is not rape of a woman deprived of reason, in the absence of proof that she is an
    imbecile.

    FACTS:

    Complainant is a congenital deaf mute. Her hearing impairment was classified as


    "profound" and her level of education in formal sign language, low, i.e. that of a grade two
    (2) pupil. But she is teachable in the informal or basic sign language. In 2003, complainant
    started studying at XXX Special Education (SPED) Center. The complainant stayed in the
    dormitory located inside the XXX Elementary School, where the said XXX SPED Center also
    located. Appellant worked as watchman in the same XXX Elementary School. The records
    showed that one time, complainant's teacher DDD told the complainant’s aunt that she
    (DDD) saw complainant eating snacks with appellant. To quell rumors about complainant
    and appellant, said aunt compelled the complainant to move to her grandfather’s house. It
    was revealed that the complainant was pregnant. When asked who the father of her child
    was and who molested her, complainant motioned the name "Dante," herein appellant. She
    then charged appellant with rape before the XXX Police Station. But the appellant denied
    the accusation, rather admitted that they had sexual intercourse for more than 44 times
    and that they have illicit relationship. Both the trial court and the Court of Appeals
    convicted the appellant.

    ISSUE/S:

    Was the prosecution able to prove beyond reasonable doubt the forty-four (44) counts of
    rape?
    RULING:

    No, the prosecution failed to prove beyond reasonable doubt the 44 counts of Rape.
    The Court ruled that the complainant’s testimony is noticeably terse, vague, equivocal, and
    seriously wanting in details pertaining to the presence of the essential element of force or
    intimidation. Her testimony only bears the element of carnal knowledge. That complainant
    pushed appellant when he "undressed, touched my body..., I was afraid" is at best equivocal.
    Again, this hardly equates with "force or intimidation" within the penal provision defining
    and penalizing rape. For one, the act of pushing did not emanate from appellant but from
    AAA. For another, "pushing" is equivocal subject to different interpretations depending on the
    attendant circumstances. It may mean a gentle "no," "not yet," "wait," "I am shy," "not here,"
    and many more possible interpretations or meanings. One thing is sure though: under the
    attendant circumstances, it cannot be deemed sufficient proof of resistance or unconsented
    sex. The evidence on record indubitably show that then eighteen (18) year old complainant,
    albeit she is a deaf-mute with low capacity to learn formal sign language, is in truth, mentally
    capable of giving or withholding consent. For even though complainant is a deaf-mute and
    certified to be only at Grade 2 level in formal sign language education does not mean she is
    suffering from mental abnormality, deficiency, or retardation which has the effect of
    hindering her capacity to give consent.

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