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Winston and Therese met at the basketball court in November, 1972. Winston denied that he had sexual intercourse with Therese but that denial does not merit any credence.
He admits that Therese was in his apartment on those two afternoons.
On January 12, 1973, at about eleven-forty in the morning, there was a confrontation in the police headquarters between Therese and Winston.
She identified Winston as the rapist (5054 tsn November 26, 1973).
Appellant argues that the decision is void because Judge Onofre Villaluz did not hear the case and he rendered the judgment after the expiration of the ninety-day period from the time when it was submitted for decision. Lustre who suffered a stroke before he could decide it.
The fact that Judge Villaluz did not conduct the trial and that he was merely detailed to the sala did not mean that he could not decide the case. Thus, in the Ortiz case, the circumstance that where the judge who the evidence resigned without deciding the case, his successor, having before him the evidence presented to the first judge, could render a valid judgement on the basis on such evidence.
Buslon L-22778, November 29, 1965, 15 SCRA 460.) There is no law which prohibits a judge from deciding a case just because he did not hear the witnesses who testified therein (Ortiz vs. The judge, who does not decide the case within the ninety-day period, may be subject to disciplinary action.
I told him I want to go with somebody to his house. At the house we just talk and then later we an leave the house and I go home. The police investigator admitted that he pieced the above account from the fragmented narration which he extracted with much trouble from Therese and which was punctuated by remarks not included in her statement.
At about p.m, November 30, 1972, I play basketball at the basketball court again. Even the above recital does not exclude the hypothesis that consented to the carnal course although with some show of reluctance. The issue is whether the complaint and the evidence are sufficient to convict appellant Manlapaz of rape committed when the victim was deprived of reason (private de razon).
Whether the sexual intercourse was consumated by the use of force is not clear since the only witness on that point is Therese hereof. As clinical head of the school, he issued a certificate dated January 23, 1973, or fifty-four days after the commission of the alleged rape, stating that Therese had been "as mentally retarded of the educable type" and as a "speech-defective" (Exh. Doctor Hofileña ventured the opinion that might not completely understand the nature and consequences of sexual intercourse (41- 42 ) or has only a vague notion that sexual intercourse is bad (49-50 tsn) or is not of mental capacity to judge for herself whether sexual intercourse is good or bad (50 tsn) or may give her consent to a request without much deliberation and without knowing the consequences of her assent (49 tsn).
Due to her mental handicap, she was not able to give a coherent, clear and consistent narrative as to how she was ravished by Winston. Endencia since infancy, Therese has a speech impediment. Leticia Joaquin Lizaso the directress of the school confirmed the findings of Doctor Hofeleña said that "psychometric tests taken (in) 1971 revealed Therese's mental age as five year and 2 months and level of intellectual functioning to be mentally defective in the educable level" (Exh. That conclusion was based on the report of Carolina Chan, the psychologist who examined Therese.
She could not talk when she was already two years old. She was enrolled in different schools but, as her mother noted, she could not cope or keep up with the other children. The tests were given by Maria Lourdes Avenceña the guidance counselor of the Madonna Center. Endencia recounted in court how she came to know that Therese had sexual intercourse with Winston. Endencia was cleaning her house, she found two white pills in the locker of Therese.