FACTS:

On August 19, 1989, a 21-year-old student at the University

of Nueva Caceres in Naga City was raped by a imbecile
drunkman who allegedly stabbed her in the neck and pushed
her down. The accused then inserted his penis on her
vagina, causing pain and threatening to kill her. The
complainant regained her strength and told the accused to
go home to get her clothes and money. The complainant
described the incident to them and the man who raped her.
She called the police station, who apprehended the person
who raped her. The complainant identified the knife used by
the accused and identified him as the one who raped her.
ISSUE:
Whether the accused is exempted from criminal liability
DECISION:
No, according to Article 12 (1) of the Revised Penal Code an
imbecile or insane person, unless the latter has acted during
lucid interval is exempted from criminal liability. However,
the defense of imbecility is not absolute.

In the case at bar, petitioner claimed intoxication as a

mitigating circumstance when such illness of the offender as
would diminish the exercise of the will power of the offender
without, however, depriving him of the consciousness of his
acts.

As earlier noted, he had declared on cross-examination that

he was a "little bit drunk" at the time be committed the act
complained of. On that basis alone, appellant asserts he
should be credited with a mitigating circumstance.