Introduction

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Imagine a society where the most vulnerable among us are shielded by the unwavering arm of the law, especially when faced with heinous acts of violence. In the Philippines, this ideal is vigorously pursued, particularly in cases of sexual assault where victims are mentally incapacitated. The Supreme Court case of People of the Philippines vs. Amadio Itdang serves as a powerful testament to this commitment. This case revolves around Cristina Itdang, a woman with a mental age of a three-year-old, who was raped by her half-brother, Amadio. The central legal question was whether a rape conviction could stand when the victim, due to mental retardation, might not fully comprehend or resist the assault. The ruling not only affirmed the conviction but also solidified crucial legal principles regarding consent, intimidation, and the protection of individuals with mental disabilities.

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Legal Framework: Rape and Mental Incapacity in the Revised Penal Code

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Philippine law, under Article 335 of the Revised Penal Code (RPC) as amended, defines rape as the carnal knowledge of a woman under specific circumstances. These circumstances are critical in understanding the legal context of the Itdang case. The law explicitly lists three scenarios under which sexual intercourse is considered rape:

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Article 335. Rape; When and how rape is committed – Rape is committed by having carnal knowledge of a woman under any of the following circumstances:

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1) By using force or intimidation;

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2) When the woman is deprived of reason or otherwise unconscious; and

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3) When the woman is under twelve (12) years of age or is demented.

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The third circumstance,