People vs. Manlapaz, No. L-41819, Feb. 28, 1979, 88 SCRA 704, 719

People vs. Manlapaz, No. L-41819, Feb. 28, 1979, 88 SCRA 704, 719

Appellant Manlapaz, taking advantage of Therese's mental deficiency and immaturity (she had barely reached the age of puberty) and subordinating his wig to his concupiscence or animal instincts, was able to have carnal intercourse twice with a ten-year-old girl who was not aware of the disgrace and dishonorable consequences resulting from that immoral act.

The crime committed by the accused is simple rape. No modifying circumstances can be appreciated in this case. The trial court properly sentenced him to reclusion perpetua [Arts. 63 and 335(2), Revised Penal Code].

Before article 335 was amended, simple rape was penalized by reclusion temporal or twelve years and one day to twenty years. Republic Act No. 4111 raised the penalty for simple rape to reclusion perpetua and made qualified rape a capital offense. Taking notice of the rampancy of sexual assaults, ensuing from the lawlessness and deterioration of morals occasioned by the war, the lawmaking body sought to deter rapists by increasing the penalty for rape.

After a judicious consideration of the facts and circumstances of this case, we believe that after appellant Manlapaz had served a term of imprisonment consistent with the ends of retributive justice, executive clemency may be extended to him in the discretion of the Chief Executive and Prime Minister. A copy of this decision should be furnished the Minister of Justice.

The crime committed by the accused is simple rape. Before Article 335 of the Revised Penal Code was amended, simple rape was penalized by reclusion temporal or twelve years and one day to twenty years. Republic Act No. 4111 raised the penalty for simple rape to reclusion perpetua and made qualified rape a capital offense. Taking notice of the rampancy of sexual assaults, ensuing from the lawlessness and deterioration of morals occasioned by the war, the lawmaking body sought to deter rapists by increasing the penalty for rape. It is believed that in this case, after the accused shall have served a term of imprisonment consistent with retributive justice, executive clemency may be extended to him. (People vs. Manlapaz, No. L-41819, Feb. 28, 1979, 88 SCRA 704, 719)

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