Farmer gets 40 years for raping retarded

By Dexter A. See

BUGUIAS, Benguet — The Benguet Regional Trial Court Branch 64, sentenced to reclusion perpetua (maximum of 40 years imprisonment) a 40-year-old farmer from nearby Mankayan town who raped a 17-year-old retarded in 2006.

Judge Agapito Laoagan Jr. found Jose Dalan, of Barangay Bulalacao, Mankayan, Benguet, guilty beyond reasonable doubt of two counts of statutory rape.

The court also ordered the accused to pay the complainant the total sum of P100,000 for civil indemnity and moral damages.

Court records showed Dalan first raped the victim, who also happens to be his first cousin, sometime in December, 2006 and warned her not to tell her parents about what happened or he will kill her.

The same was repeated on March 3, 2007 and the victim was again warned not to tell her parents about what happened lest she be killed.

But the victim’s parents got suspicious when she had unusual actuations. The victim, who acts like a 4-year-old, later told her mother she was marrying the accused.

On the basis of that revelation, the parents sought the help of the municipal social welfare office of Mankayan town which conducted its investigation and discovered that the victim was raped.

The case against the farmer was further strengthened when the municipal social welfare office of Mankayan town investigated the report and confirmed the victim was raped. Moreover, medical examinations done on the victim also confirmed she was raped.

The parents later filed a rape complaint which led to the arrest of the accused.

In court, the accused denied raping the victim, explaining that he was in his farm at the time of the supposed second rape incident.

He, however, failed to rebut the positive testimony of the victim.