GR No.

134074-75 / January 16, 2001

People v. Emiliano Duranan “Kalbo”

Facts:
Nympha Lozada is a 25-year old woman and considered retarded who finished education only
up the sixth grade. She is unemployed and simply does household chores for her family. The
accused Emilio Duranan is a boarder in their house sharing room with others. Allegedly, he
raped her on two accounts. The first one was in the bathroom and the second was in his room.
In an attempt to commit it the third time in the bathoom, he stopped when he heard somebody
coming. Virginia Lozada, Nympha’s mother, noticed her leaving the bathroom and saw a bruise
on her lips. When she confronted her about it, Nypmha told her mother what happened. Virginia
with her other children filed affidavits and information. They also went for a medical examination
for Nympha which confirmed that there happened an intercourse. The trial court rendered a
decision finding Duranan guilty of two counts of rape. He appealed the case claiming that he
cannot be convicted of rape as the victim’s mental age was not proven. The essential element
for the prosecution for rape of a mental retardate is a psychiatric evaluation of the complainant's
mental age to determine if her mental age is under twelve. In this case, it was Nympha’s mother
who testified on her mental condition.

Issue:
Whether or not the testimony of Nympha’s mother as to her mental age is sufficient to establish
her as a mental retardate.

Held:
Yes, the testimony of Nympha’s mother as to her mental age is sufficient to establish her as a
mental retardate. An opinion of an ordinary witness, regarding mental sanity of a person with
whom he is sufficiently acquainted, is admissible. It is competent for the ordinary witness to give
his opinion as to the sanity or mental condition of a person, provided the witness has had
sufficient opportunity to observe the speech, manner, habits, and conduct of the person in
question. The mother of an offended party in case of rape, though not a psychiatrist, if she
knows the physical and mental condition of the victim, how she was born, what she is suffering
from, and what her attainments are, is competent to testify on the matter. The conviction of rape
verdict is affirmed.