Carnal knowledge of 30yo with 8yo mental capacity constitutes statutory rape

In the instant case, accused was charged with having raped Rosalina Orubia, a 30-year old mental retardate with the mental capacity of an eight or nine-year old child. Nonetheless, we find and so hold that appellant cannot be held liable for statutory rape. The age of the victim is an essential element in the crime of statutory rape, but the information filed in the case at bar does not contain any averment thereof, even at least with regard to the mental age of the victim. This notwithstanding, appellant may still be convicted of rape under paragraph 2 of Article 335 of the Code on the basis of the facts and evidence as hereinbefore discussed. In addition, while there may have been no physical force employed on the victim, considering however that she is feeble-minded, there is authority to the effect that the force required by the statute is the sexual act itself. x x x Accordingly, appellant can also be held liable even under the first paragraph of Article 335 of the Revised Penal Code. Women, like the ill-fated girl in this case, must be protected not only against the lecherous members of the opposite sex, but against themselves as well; and men who, knowing of their imbecility, take advantage of their helpless condition to gratify their own satyric desires, are guilty of rape, though they use no more force than that involved in the carnal act, and though the woman offers no resistance to the consummation of their purpose. [G.R. No. 118823. November 19, 1996]