PROOF OF FORCE OR INTIMIDATION IS NOT NECESSARY, AS A MENTAL RETARDATE IS NOT CAPABLE OF GIVING CONSENT TO A SEXUAL ACT. WHAT NEEDS TO BE PROVEN ARE THE FACTS OF SEXUAL CONGRESS BETWEEN THE ACCUSED AND THE VICTIM, AND THE MENTAL RETARDATION OF THE LATTER.

     (People vs. Dela Paz, G.R. No. 177294, February 19, 2008). In People vs. Dalandas, G. R. No. 140209, December 27, 2002 citing People vs. Dumanon, G.R. No. 123096, December 18, 2000, this Court held that mental retardation can be proven by evidence other than medical/clinical evidence, such as the testimony of witnesses and even the observation by the trial court. Competence and credibility of mentally deficient rape victims as witnesses have been upheld by this Court where it is shown that they can communicate their ordeal capably and consistently. It has been jurisprudentially settled that when a woman says she has been raped, she says in effect all that is necessary to show that she has been raped and her testimony alone is sufficient if it satisfies the exacting standard of credibility needed to convict the accused. (People of the Philippines vs. Rey Monticalvo, G.R. No. 193507, January 30, 2013, Perez, J.)