Back

PEOPLE vs Limio

PEOPLE OF THE PHILIPPINES, Appellee, versus ORLANDO LIMIO y QUEBRAL, Appeellant.

G.R. Nos. 148804-06 | 2004-05-27

DECISION



QUISUMBING, J.:

By itself, the fact that the offended party in a rape case is a mental retardate does not call for the imposition of the death penalty, unless knowledge by the offender of such mental disability is specifically alleged and adequately proved by the prosecution.

For the Anti-Rape Law of 1997, now embodied in Article 266-B of the Revised Penal Code (RPC), expressly provides that the death penalty shall also be imposed if the crime of rape is committed with the qualifying circumstance of "(10) when the offender knew of the mental disability,* emotional disorder and/or physical handicap of the offended party at the...