Ernest Levanza People vs.

de Jesus Doctrine: Witnesses who can provide sufficiently intelligent answers to the questions propounded by the court and the counsels are deemed to be competent witnesses by the court. (Refer to R.130 sec 21) Facts: 1. Clara Mina, a feeble-minded, unmarried woman of 28, living with her parents in barrio Amistad, Alicia, Isabela, was raped by accused, Rogelio de Jesus, a 19-year old farmer, who lived in the house of his sister some 15 meters away from the victim's house. 2. At about 2:00 o'clock in the afternoon of Jan. 3, 1974, Pastora Simon went out to the field in order to plant palay, leaving her daughter Clara Mina alone in the house. Her husband (Clara's father), had gone to a place called Soliven four days before, while the other members of the household had also left for the field. 3. Aware of Claras condition Rogelio de Jesus suddenly entered the house, carried her in his arms and laid her on the floor (she was seated on a trunk) 4. Objecting to what was being done to her; Clara gave an outcry "Madi! Madi!" (translated means "I don't like! I don't like!") Rogelio, ignoring her cries, removed her panties as well as his own trousers. He lay on top of her, inserted his penis into her vagina and performed the sexual act. 5. Meanwhile, Pastora Simon, who had already walked some 150 meters away from their house, when sensing it was about to rain, hurried back to the house to get cellophane with which to shield her from the rain and upon her return, she found Rogelio de Jesus naked lying on top of Clara Mina whose legs were spread apart 6. Seeing them in that position, she rushed to the kitchen to get a club but Rogelio spotted her and ran away. 7. Returning from the barrio captain's house, (whom she contacted immediately, the same failing to catch the accused) Pastora Simon investigated Clara, who revealed to her that she was carried away from the trunk where she was seated, then forcibly laid on the floor to have sexual intercourse with Rogelio. 8. The next day - January 4, 1974 - Clara Mina, accompanied by her parents, denounced Rogelio de Jesus to the police authorities. Clara Mina was examined by Fernando Babaran, Municipal Health Officer of Echague. All findings point to rape. 9. Subsequently, Rogelio de Jesus was surrendered by his brother-in-law, a councilor to the Alicia Police Department. He executed an affidavit, Exhibit "D" (not valid, court said he was apprised of his constitutional right) subscribed before Alicia Municipal Judge Flor Egipto on January 5, 1974, admitting that he had sexual intercourse once with Clara Mina, but denying that he raped her. 10.Accused testifies for himself saying that he merely inserted a finger to cure the victims malady and only admitted to rape because he was being harassed by the jail guards.

11.Clara Mina countered the said testimony by saying that the accused inserted his penis in her causing her pain. Such statement was also supported by medical report submitted to the court. 12.Accused now assails the testimony of Clara saying she is an incompetent witness due to her feeble-mindedness. Issue: Was the court correct in giving credence to Clara Mina as a witness? Held: Yes, Ratio: 1. The complainant was indeed feeble-minded and had displayed difficulty in comprehending the questions propounded on her. However, there is no showing that she could not convey her Ideas by words or signs. 2. It appears in the records that complainant gave sufficiently intelligent answers to the questions propounded by the court and the counsels. 3. The court is satisfied that the complainant can perceive and transmit in her own way her own perceptions to others. She is a competent witness.