G.R. No. L-13981, December 6, 1918
THE UNITED STATES, plaintiff-appellee, vs. EUSTAQUIO GAMILLA, defendant-appellant.

FACTS:
On the afternoon of April 22, 1917, in Agupanga, barrio of Catiningan, Pola, Mindoro, the accused, Eustaquio Gamilla, met Maria Mampusti, a 21-year-old woman who was paralytic on half of her body and had a lame right hand. Gamilla seized Mampusti, threw her to the ground, and, despite her cries and resistance, succeeded in having carnal knowledge of her through force and intimidation. The rape was easily consummated due to the victim’s physical disability. The victim and her aunt reported the incident to the authorities. A medical examination confirmed recent damage to her uterus and a broken hymen. The trial court found the accused guilty of rape under Article 438 of the Penal Code and, considering his lack of instruction as a mitigating circumstance under Article 11, imposed the minimum penalty of twelve years and one day of reclusion temporal. Both the prosecution and the defense appealed.

ISSUE:
Whether the trial court correctly applied Article 11 of the Penal Code (lack of instruction as a mitigating circumstance) in favor of the accused.

RULING:
No. The Supreme Court modified the trial court’s decision. The Court held that Article 11 of the Penal Code, which allows for mitigation of penalty due to lack of instruction, should not be applied to the crime of rape. The Court reiterated its established doctrine that no one is so ignorant as not to know that the act of rape is wrong and criminal. Since there were no aggravating or extenuating circumstances, the penalty should be imposed in its medium period. Accordingly, the Court sentenced the accused to fourteen years, eight months, and one day of reclusion temporal, with the accessory penalties, and affirmed the orders to endow the offended party with P300, recognize and support any offspring, and pay the costs.