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People v. Obogne

Jerry Obogne appealed his conviction of raping "AAA", a mentally retarded person, arguing that "AAA" was not a credible witness due to her mental disability. The Court held that under the Rules of Court, all persons who can perceive events and communicate their perceptions to others may be witnesses. It found that during her testimony, "AAA" was able to recall details of the rape and identify Obogne as the perpetrator, demonstrating her ability to perceive and communicate despite her mental condition. While she faltered on some details, this was understandable, and she was certain of the central facts. The Court affirmed that mental retardation does not inherently impact credibility, and a mentally retarded person can be a credible witness

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652 views1 page

People v. Obogne

Jerry Obogne appealed his conviction of raping "AAA", a mentally retarded person, arguing that "AAA" was not a credible witness due to her mental disability. The Court held that under the Rules of Court, all persons who can perceive events and communicate their perceptions to others may be witnesses. It found that during her testimony, "AAA" was able to recall details of the rape and identify Obogne as the perpetrator, demonstrating her ability to perceive and communicate despite her mental condition. While she faltered on some details, this was understandable, and she was certain of the central facts. The Court affirmed that mental retardation does not inherently impact credibility, and a mentally retarded person can be a credible witness

Uploaded by

Noreenesse Santos
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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G.R. No. 199740 People v.

Obogne March 24, 2014

People of the Philippines, Jerry Obogne,


plaintiff-appellee accused-appellant
Del Castillo, J.

FACTS:
Jerry Obogne was charge with the crime Rape of "AAA" who is a mentally retarded person. Accused
appealed the decision to CA. Appellant argues that the testimony of AAA deserves no credence because
she was incapable of intelligently making known her perception to others by reason of her mental disability.
AAA recalled that while she was playing, appellant saw her and asked her to go with him because he
would give her a sugar cane. Appellant brought AAA to his house and while inside, he removed her
panty, and then inserted his penis into her vagina and he got the knife and then he took a sugar cane and
then he gave it to her and then she went home.

ISSUE:
Whether or not a mentally retarded person can be a witness.

HELD:
Yes. Sections 20 and 21, Rule 130 of the Rules of Court provide:
o Sec. 20. Witnesses; their qualifications. Except as provided in the next succeeding section, all
persons who can perceive, and perceiving, can make known their perception to others, may be
witnesses.
o Sec. 21. Disqualification by reason of mental incapacity or immaturity. The following persons
cannot be witnesses:
(a) Those whose mental condition, at the time of their production for examination, is such that they
are incapable of intelligently making known their perception to others;
(b) Children whose mental maturity is such as to render them incapable of perceiving the facts
respecting which they are examined and of relating them truthfully.
During AAAs testimony she was able to recall what appellant did to her. This Court finds AAA a very
credible witness, even in her mental condition. Contrary to defense counsels objection that AAA was
not capable of intelligently making known her perception to others, AAA managed to recount the ordeal
she had gone through in the hands of the accused, though in a soft voice and halting manner. While it is
true that, on crossexamination, AAA faltered in the sequence of events this is understandable because
even one with normal mental condition would not be able to recall, with a hundred percent accuracy, events
that transpired in the past. But AAA was certain that it was a long time x x x after the incident when it
was reported to the police. Likewise, she was very certain that the accused inserted his penis into her vagina.
Our own evaluation of the records reveals that AAA was shown to be able to perceive, to make known
her perception to others and to remember traumatic incidents. We stress that, contrary to accused
appellants assertions, mental retardation per se does not affect a witness credibility. A mental retardate
may be a credible witness.

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