PEOPLE VS. RAFANAN JR.

, 204 SCRA 65

Facts:

The complainant, Esterlita Ronaya, was working as

housemaid in the house of the mother of accused. The
accused, Policarpio Rafanan, was living in the same house
with his family.

In the evening of March 16, 1976, the accused called the

complainant to help him close the door of the store and
as the latter complied and went near him, he suddenly
pulled the complainant inside the store and said, ‘Come.
let us have sexual intercourse,’ to which Estelita
replied, ‘I do not like,’ and struggled to free herself
and cried.But the accused threatened her using a bolo
should she resist. The former succeeded having carnal
knowledge of her inspite of her resistance and struggle.
After the sexual intercourse, the accused cautioned the
complainant not to report the matter to her mother or to
anybody in the house, otherwise he would kill her.

Pursuant to the aforementioned, the accused was charged

with crime of rape by CFI of Pangasinan, sentencing him
to reclusion perpetua.

In his defense the accused raised that he was suffering

from schizophrenia when he inflicted his violent
intentions upon the complainant.

Issue:

WON the appellant is guilty of the crime rape,

considering the reports of 2 experts that the former was
suffering from schizophrenia?

Ruling:

Yes. In any case, as already pointed out, it is complete

loss of intelligence which must be shown if the exempting
circumstance of insanity is to be found. The law presumes
every man to be sane. A person accused of a crime has the
burden of proving his affirmative allegation of insanity.
17 Here, appellant failed to present clear and convincing
evidence regarding his state of mind immediately before
and during the sexual assault on Estelita. It has been
held that inquiry into the mental state of the accused
should relate to the period immediately before or at the
very moment the act is committed.