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PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ENRIQUE QUINTOS Y BADILLA, ACCUSED-APPELLANT.

PEOPLE OF THE PHILIPPINES, APPELLEE, VS. ENRIQUE QUINTOS Y BADILLA, ACCUSED-APPELLANT.

G.R. No. 199402 | 2014-11-12

SECOND DIVISION
 
D E C I S I O N
 
LEONEN, J.:
 
A person commits rape when he sexually assaults another who does not consent or is incapable of giving consent to a sexual act.  Children, either in chronological or mental age, are incapable of giving consent to a sexual act.
 
This case involves accused Enrique Quintos y Badilla who was charged with rape allegedly committed against AAA, a mental retardate[1] (intellectually disabled[2]).
 
Two informations were filed against accused.  Pertinent portions of which read:
 
A.  Crim. Case No. 07-0873 (Rape under Article 266-A, paragraph 2, in relation to...