PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANDRES C.

FONTILLAS alias "ANDING", accused-

appellant.
G.R. No. 184177. December 15, 2010
Ponente: LEONARDO-DE CASTRO, J.
FACTS:
08 December 2001, while AAA was sleeping in their house with her brother, she was awakened
by the arrival of their father, Andres Fontillas, whom she heard coughing. She stood up and helped
appellant enter their house because he was drunk. After a while, she was roused by appellant who was
then taking off her short pants. She cried but he warned her not to make any noise. After removing his
own pants, appellant pressed down both her hands and feet and covered her mouth with his hands. She
kept quiet because she was afraid of him. Then he performed the unlawful act.
When accused left, she went to report the incident to her Aunt [CCC] who lived nearby. Her
Aunt [CCC], then, did not allow her to go back to their house. DDD (AAAs uncle) brought her to the
police station where she executed a sworn statement. After the investigation, complainant was brought
to the Home for Girls where she still presently resides. The accused admitted that he had a drinking
spree with friends on that night and that he got too drunk and he could not remember what happened
that evening.
RTC and CA convicted the accused for incestuous rape, RTC imposed death penalty but CA
modified it to reculusion perpetua. Accused, however, argues that CA gravely erred in not considering
his intoxication as a mitigating circumstance.
ISSUE: Whether or not appellants intoxication can be appreciated as a mitigating circumstance as
provided for in Article 15 of RPC.
HELD: No. The Court of Appeals correctly rejected the accused-appellant's assertion that his extreme
intoxication from alcohol on the night of the rape should be appreciated as a mitigating circumstance.
Accused appellant did not present any evidence that his intoxication was not habitual or subsequent to
the plan to commit the rape. The person pleading intoxication must likewise prove that he took such
quantity of alcoholic beverage, prior to the commission of the crime, as would blur his reason. 24
Accused-appellant utterly failed to present clear and convincing proof of the extent of his intoxication
on the night of December 8, 2001 and that the amount of liquor he had taken was of such quantity as to
affect his mental faculties. Not one of accused-appellant's drinking buddies testified that they, in fact,
consumed eight bottles of gin prior to the rape incident.