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People vs.

Monticalvo
G.R. No. 193507.January 30, 2013.*

Facts:
On the 9th day of December 2002 at about 7:00 oclock in the evening
in Bgy. XXX, Municipality of XXX, Province of XXX, Philippines and within the
jurisdiction of this Honorable Court, the above-named accused, actuated by lust and
with lewd design, with force and intimidation, did, then and there, willfully,
unlawfully and feloniously have carnal knowledge with AAA, 12 years old and is
suffering from mental disorder or is demented or has mental disability, without the
consent and against the will of said victim.
AAA is a mental retardate and was 12 years and 11 months old at the time of
the rape incident. She and appellant, who was then 17 years old, are
neighborstheir respective houses are adjoining each other.
Issue:
(1) W/N He should be entitled to the privileged mitigating circumstsance of
minority?
(2) W/N R.A. 9344 shall have its retroactive application even if he is already
27 years of age, and the judgment of the trial court was promulgated prior
to the effectivity of Republic Act No. 9344?
Held:
(1) YES, He was a minor during the commission of the crime charged.
During trial, upon order of the trial court, the Local Civil Registrar of Bobon,
Northern Samar, brought before it their office records, particularly appellants
Certificate of Live Birth containing the fact of birth of the latter. Appellants
Certificate of Live Birth shows that he was born on 23 February 1985. Indeed, at the
time of the commission of the crime charged on 9 December 2002, appellant was
only 17 years old, a minor. Thus, he is entitled to the privileged mitigating
circumstance of minority.
(2) YES, Republic Act No. 9344 1 is applicable in this case even though the
crime was committed four (4) years prior to its enactment and effectivity.
Parenthetically, with more reason should Republic Act No. 9344 apply to this case as
the 2005 conviction by the lower courts was still under review when the law took
effect in 2006.
Penalty: 10 years of prision mayor, as minimum, to 17 years and 4 months of
reclusion temporal, as maximum.
Doctrine: Sexual intercourse with a woman who is a mental retardate with the
mental age of a child below 12 years old constitutes statutory rape with or without
SEC.68.Children Who Have Been Convicted and are Serving Sentence.Persons who have been convicted and
are serving sentence at the time of the effectivity of this Act, and who were below the age of eighteen (18) years at
the time of the commission of the offense for which they were convicted and are serving sentence, shall likewise
benefit from the retroactive application of this Act. They shall be entitled to appropriate dispositions provided under
this Act and their sentences shall be adjusted accordingly. They shall be immediately released if they are so
qualified under this Act or other applicable law.

the attendance of force, threat, or intimidation. (People vs. Abella, 610 SCRA 19
[2010])

SEC.68.Children Who Have Been Convicted and are Serving Sentence.Persons who have been convicted and
are serving sentence at the time of the effectivity of this Act, and who were below the age of eighteen (18) years at
the time of the commission of the offense for which they were convicted and are serving sentence, shall likewise
benefit from the retroactive application of this Act. They shall be entitled to appropriate dispositions provided under
this Act and their sentences shall be adjusted accordingly. They shall be immediately released if they are so
qualified under this Act or other applicable law.