Can a deaf-mute individual provide valid consent to sexual intercourse, or does her disability automatically render the sexual act as non-consensual, justifying rape charges?
Facts of the Case
Dante Cubay, the accused, was convicted by the Regional
Trial Court (RTC) of Manolo Fortich, Bukidnon, for forty-four (44) counts of
rape committed against AAA, a deaf-mute individual staying at a Special
Education (SPED) dormitory. The prosecution alleged that the accused had carnal
knowledge of AAA, a student at the dormitory, through a series of rapes from
September 2007 to January 2008.
The accused, a school watchman, was alleged to have
committed these acts while AAA was under his care in the dormitory. AAA,
despite her disability, was able to identify the accused through basic sign
language, alleging that she was raped multiple times. She was later found to be
pregnant, which confirmed the occurrence of sexual intercourse.
Cubay's defense was that the acts were consensual. He
admitted to engaging in sexual intercourse with AAA but claimed they were
lovers and that AAA had consented to the encounters. He argued that being of
legal age, AAA was capable of providing consent, even with her disability.
The RTC, however, found Cubay guilty, sentencing him to reclusion
perpetua for each of the forty-four counts of rape. On appeal, the Court of
Appeals affirmed the decision.
Primary Issue at the Supreme Court
Did the prosecution prove beyond reasonable doubt that
the sexual acts between Dante Cubay and AAA constituted rape, given the issue
of consent and AAA's disability?
Supreme Court Decision
The Supreme Court acquitted Dante Cubay, ruling that
the informations (charges) filed against him failed to allege the crucial
element of force, intimidation, or the mental incapacity of the victim, AAA, to
consent to the sexual acts. The Court emphasized that the mere fact of AAA
being a deaf-mute does not automatically imply her incapacity to consent.
Further, AAA's testimony lacked sufficient details about the use of force or
intimidation, a necessary element to prove rape under the law.
Moreover, the Court ruled that the prosecution's evidence,
which relied on AAA's testimony and sign language interpretation, was
inadequate to prove the charges of rape beyond reasonable doubt. The Court
noted that the interpretation of AAA's actions, such as pushing the accused,
was vague and open to multiple interpretations, failing to conclusively
establish that she was coerced.
In the end, the Court reversed the conviction and ordered
Cubay's immediate release unless held for other causes.
Dispositive Portion
"ACCORDINGLY, the appeal is GRANTED. The Decision dated
November 24, 2015, of the Court of Appeals in CA-G.R. CR-HC No. 01145-MIN is
REVERSED and SET ASIDE and a new one rendered ACQUITTING DANTE CUBAY Y UGSALAN
of rape in Criminal Case Nos. 08-05-3536 to 08-05-3579.
The Court ORDERS the Superintendent of the Davao Prison and
Penal Farm B.E. Dujali Davao del Norte to immediately release DANTE CUBAY Y
UGSALAN unless he is being detained for some other cause; and to submit his
compliance report within five (5) days from notice."
Should physical disabilities such as being a deaf-mute
automatically be considered a factor for incapacity to consent to sexual acts,
or should each case be assessed individually to determine whether genuine
consent was given?
Important Doctrines
- Elements
of Rape: The elements of rape are carnal knowledge and the use of
force, intimidation, or the victim's inability to consent due to mental
incapacity. If one element is not sufficiently proven, a conviction cannot
be sustained.
- Consent
and Disability: Being a deaf-mute does not automatically imply the
inability to provide consent. The capacity to consent must be evaluated on
a case-by-case basis, considering the individual's mental state and
understanding of the situation.
- Deficient
Information in Criminal Charges: If the information (charges) filed
against an accused fails to allege essential elements of the crime, such
as force or incapacity, the conviction is invalid, as the accused is
presumed to defend only against the charges laid in the information.
Classification: Criminal Law
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🎓 Welcome,
future lawyers and legal minds! In this content, we’ll examine a compelling and
controversial case from the Philippine Supreme Court: People of the
Philippines vs. Dante Cubay y Ugsalan, G.R. No. 224597, promulgated
on July 29, 2019.
This case centers on a deeply disturbing issue—whether
a deaf-mute woman, legally of age, can validly consent to sexual intercourse,
and if her disability alone makes her incapable of doing so under the law.
The case involves Dante Cubay, a school watchman convicted by the lower
courts of 44 counts of rape against a deaf-mute student. However, the Supreme
Court ultimately acquitted him, ruling that the informations were
defective and the elements of rape—specifically force or incapacity to
consent—were not sufficiently proven.
This discussion aims to help law students, bar
examinees, and even practicing baristas recall and understand the critical
doctrines laid down in this case.
👉 Should courts
automatically treat individuals with physical disabilities as incapable of
consent? Or should their mental and emotional capacity be individually
assessed? Leave your thoughts in the comments!
🔍 CASE INFORMATION
- Case
Title: People of the Philippines vs. Dante Cubay y Ugsalan
- Parties:
The People of the Philippines (Plaintiff-Appellee) vs. Dante Cubay y
Ugsalan (Accused-Appellant)
- G.R.
No.: 224597
- Date
of Promulgation: July 29, 2019
- Nature:
Criminal Law – Rape (Violation of R.A. No. 8353)
📜 10 IMPORTANT DOCTRINES
FROM THE CASE (All citations from G.R. No. 224597, July 29, 2019)
- Defective
Informations Cannot Sustain Convictions
Informations that fail to allege all elements of a crime—especially “force or intimidation” in rape—are void and cannot be the basis for conviction. (See: p. 25-26, Decision) - Being
a Deaf-Mute Alone is Not Proof of Incapacity to Consent
A disability like deaf-mutism does not automatically mean a person is deprived of reason or incapable of consent. (See: People v. Butiong, cited in main decision) - "Against
Her Will" Is Not Synonymous with "Force or Intimidation"
The phrase “against her will” in the Information was held insufficient to allege force or intimidation. (See: p. 29, Decision) - Equivocal
Acts Like "Pushing" Are Not Conclusive Proof of Resistance
The act of pushing the accused, without more, is ambiguous and does not establish tenacious resistance or non-consent. (See: p. 31, citing People v. Tionloc) - Vague
and General Testimonies Do Not Prove Rape Beyond Reasonable Doubt
Broad statements like "I was raped" across many dates are legal conclusions, not factual proof. (See: p. 35, citing People v. Nuyte) - Mental
Capacity Must Be Proven, Not Presumed, Even with Disability
The victim’s educational progress and functional interaction suggest normal cognitive ability, contradicting claims of incapacity. (See: p. 33–34, Decision) - Accused
Cannot Be Convicted for an Offense Not Properly Charged
Even if evidence suggests guilt, the court cannot convict on grounds not alleged in the Information. (See: p. 26, citing Quimvel v. People) - Accused’s
Right to Know the Charge is Constitutionally Protected
The lack of specificity in the Information violated the accused’s right to be informed of the nature and cause of accusation. (See: p. 27, citing Article III, Section 14 of the 1987 Constitution) - Consent
Must Be Proven Absent Force or Intimidation
Where force or threat is absent, the prosecution must show that the victim could not give intelligent consent. (See: p. 31–32) - Delayed
Disclosure Does Not Always Equate to Rape
That the victim revealed the acts only after pregnancy was discovered weakens the credibility of her allegations without other strong corroboration. (See: p. 37)
📌 Disclaimer: This
content is for educational purposes only. It is based on Supreme Court
decision G.R. No. 224597 and is not infallible. No copyright
infringement is intended, and full attribution is made to the source document
and original authors in compliance with fair use and academic citation
principles.
🎓 Welcome, future lawyers and
bar examinees! This multiple-choice quiz is based on the landmark criminal law
case:
People of the Philippines vs. Dante Cubay y Ugsalan,
G.R. No. 224597, promulgated on July 29, 2019.
This case tackled a highly controversial
issue: Can a deaf-mute woman legally of age, but with a physical disability,
give valid consent to sexual intercourse? The accused, Dante Cubay, was
convicted of 44 counts of rape by the RTC and the Court of Appeals, but the Supreme
Court acquitted him on the ground that the informations were fatally defective
and the prosecution failed to prove lack of consent or use of force beyond
reasonable doubt.
This quiz aims to help you recall important
doctrines and reasoning discussed by the High Court in resolving this sensitive
and complex issue in criminal law.
✅ Answer key will be provided at the end
of the video.
🧠 HOTS (Higher Order Thinking
Skills) – Multiple Choice Quiz (Easy Difficulty)
1. Which of the following BEST describes
the main reason for the Supreme Court's acquittal of Dante Cubay?
A. The victim recanted her testimony
B. The trial court failed to appreciate mitigating circumstances
C. The Informations did not allege all essential elements of rape
D. The medical evidence was inadmissible
2. Which of the following is TRUE about
the legal presumption regarding a deaf-mute's capacity to consent?
A. All deaf-mutes are presumed incapable
of consent
B. Consent is presumed absent unless the person is married
C. Mental incapacity must be specifically proven, not presumed
D. Being hearing-impaired automatically implies mental abnormality
3. What element of the crime of rape was
MISSING in all 44 informations filed against the accused?
A. Identity of the victim
B. Location of the offense
C. Element of force or intimidation
D. Element of intent to kill
4. Why did the Supreme Court find the
phrase “against her will” in the Informations insufficient?
A. It was not translated into sign
language
B. It was not explained in legal terms
C. It lacked the legal specificity to allege force or incapacity
D. It was contradicted by the victim's relatives
5. What role did the victim’s
educational background and learning level play in the decision?
A. It proved she had no understanding of
sexual acts
B. It showed she was totally dependent on relatives
C. It supported that she had capacity to understand and consent
D. It demonstrated she had never met the accused before
6. Which of the following BEST supports
the Supreme Court’s ruling that resistance must be unequivocal?
A. The victim filed charges only after
becoming pregnant
B. The victim pushed the accused but did not scream
C. The accused presented character witnesses
D. The crime occurred in a public place
7. What did the Court highlight about
the accused's right in criminal procedure?
A. He cannot waive his right to bail
B. He is presumed guilty when multiple charges exist
C. He must always testify in his defense
D. He must be informed of the nature and cause of accusation
8. In evaluating the victim’s testimony,
what did the Supreme Court stress?
A. That silence equals consent
B. That general conclusions are not enough; details matter
C. That all testimony must come from a medical expert
D. That interpreters can never be used in court
9. Which of the following circumstances
did NOT persuade the Supreme Court of the accused’s guilt?
A. Victim’s pregnancy
B. Victim’s pushing gesture
C. Accused admitting to sexual relations
D. Presence of sign language interpreter
10. What legal principle did the Court
apply regarding insufficient or vague Informations?
A. They may still result in civil
liability
B. They can be corrected after conviction
C. They are grounds for immediate acquittal
D. They allow retrial without need for amendment
✅ CLICK HERE TO FIND ANSWER
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