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    People of The Philippines vs. Jerry C. Palotes - CASE DIGEST

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    Maria Rafaella P. Dado
    1) The accused appellant was charged with raping a 14-year-old girl who had the mental abilities of an 8-9 year old. The prosecution alleged that the appellant pulled the girl into his house on her way home, removed her clothes, kissed her, and inserted his penis into her vagina three times, telling her not to tell anyone. 2) The girl was later found pregnant by her grandmother and admitted that the appellant had sexual intercourse with her. The appellant denied the allegations. 3) The Supreme Court upheld the conviction, finding that the element of carnal knowledge was established by the girl's testimony and a psychologist's evaluation found the girl had a mental age of 6-7, within

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    People of The Philippines vs. Jerry C. Palotes - CASE DIGEST

    Uploaded by

    Maria Rafaella P. Dado
    92 views1 page
    1) The accused appellant was charged with raping a 14-year-old girl who had the mental abilities of an 8-9 year old. The prosecution alleged that the appellant pulled the girl into his house on her way home, removed her clothes, kissed her, and inserted his penis into her vagina three times, telling her not to tell anyone. 2) The girl was later found pregnant by her grandmother and admitted that the appellant had sexual intercourse with her. The appellant denied the allegations. 3) The Supreme Court upheld the conviction, finding that the element of carnal knowledge was established by the girl's testimony and a psychologist's evaluation found the girl had a mental age of 6-7, within

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    People of the Philippines vs. Jerry C. Palotes_ CASE DIGEST

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    1) The accused appellant was charged with raping a 14-year-old girl who had the mental abilities of an 8-9 year old. The prosecution alleged that the appellant pulled the girl into his house on her way home, removed her clothes, kissed her, and inserted his penis into her vagina three times, telling her not to tell anyone. 2) The girl was later found pregnant by her grandmother and admitted that the appellant had sexual intercourse with her. The appellant denied the allegations. 3) The Supreme Court upheld the conviction, finding that the element of carnal knowledge was established by the girl's testimony and a psychologist's evaluation found the girl had a mental age of 6-7, within

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    92 views1 page

    People of The Philippines vs. Jerry C. Palotes - CASE DIGEST

    Uploaded by

    Maria Rafaella P. Dado
    1) The accused appellant was charged with raping a 14-year-old girl who had the mental abilities of an 8-9 year old. The prosecution alleged that the appellant pulled the girl into his house on her way home, removed her clothes, kissed her, and inserted his penis into her vagina three times, telling her not to tell anyone. 2) The girl was later found pregnant by her grandmother and admitted that the appellant had sexual intercourse with her. The appellant denied the allegations. 3) The Supreme Court upheld the conviction, finding that the element of carnal knowledge was established by the girl's testimony and a psychologist's evaluation found the girl had a mental age of 6-7, within

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    PEOPLE VS. PALOTES G.R. No. 209786, July 06, 2015 LEONARDO-DE CASTRO, J.

    :
    Facts: Accused appellant was charged with the crime of rape committed against AAA, a
    fourteen (14) years old minor and has the mental abilities of an 8-9 years old child. The
    prosecution averred that sometime prior to July 2005, While AAA was on her way back to her
    house, she was pulled by appellant Palotes inside the latter's house. Appellant then held AAA,
    laid her down, removed her short pants and underwear. He then lowered down his brief up to
    his knees, kissed AAA's lips and neck and inserted his penis into AAA's vagina. This incident
    happened thrice and the accused then told AAA not to tell anyone and it would be between the
    two of them. On September 23, 2005, AAA’s grandmother noticed she did not have her monthly
    period. The grandmother brought AAA to a Health Center and found the latter pregnant. AAA
    finally told her mother that it was Jerry Palotes whom she had sexual intercourse but she cannot
    recall when it happened. The accused denied the allegations and insinuated that the AAA’s
    family were just desperate to find who impregnated her. The RTC convicted the accused for one
    count of rape which was affirmed by the CA. In his appeal the accused questioned the credibility
    of AAA and her mental capability.
    Issue: Whether or not the accused is guilty of the crime charged.
    Held: Yes. The Supreme Court held that for a charge of rape to prosper, the prosecution must
    prove that: (1) the offender had carnal knowledge of a woman; and (2) he accomplished such
    act through force, threat, or intimidation, or when she was deprived of reason or otherwise
    unconscious, or when she was under twelve years of age or was demented. The element of
    carnal knowledge in this case was adequately established by the testimony of AAA. That AAA
    was mentally deficient - thus, deprived of reason - when the accused-appellant succeeded in
    having sexual intercourse with her was clearly established in this case. Dr. Rosemarie Gonato,
    a psychologist at the Vicente Sotto Memorial Hospital, testified that she conducted a
    psychological evaluation of AAA. The results thereof indicated that AAA’s mental age was
    equivalent to a child of 6 to 7 years of age and her functioning was within the mild mental
    retardation. Wherefore, the decision of the CA was affirmed.

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