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PEOPLE vs Atilano Gilbero

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ATILANO GILBERO, accused-appellant.

G.R. No. 142005 | 2002-01-23

RAPE

Facts:

Accused-appellant was charged and convicted of raping 21 years old Ana Martelino who has the mental capacity of a 6 years 6month old girl.

The medico-legal certificate show the positive present of semen which is indicative of a recent sexual intercourse

The victim identified the accused as one of the 2 men who raped her. She was not able to name the other, but was certain that she could identify him should she see him again.

Accused denied the allegation and added that he did not notice Ana to be abnormal.

In his appeal, accused challenged the credibility of the victim as witness.

Issue:

Should a mental retardate, like...