For the accused to be found guilty of the crime of statutory rape, two (2) elements
must concur: (1) that the offender had carnal knowledge of the victim; and (2) that
the victim is below twelve (12) years old.[31] If the woman is under 12 years of age,
proof of force and consent becomes immaterial not only because force is not an
element of statutory rape, but the absence of a free consent is presumed.
Conviction will therefore lie, provided sexual intercourse is proven.[32]
BBB positively identified accused-appellant as the person who molested her. She
clearly and straightforwardly narrated the incident of rape as follows:
[Fiscal Escudero]
Could you recall when was the first time you were raped by Rolando Bagsic?
[BBB]
No, sir.
Q: Could you recall what year?
A: Yes sir.
Q: What year?
A: In 2007 sir.
Q: In 2007, were you studying then?
A: Yes sir.
Q: What grade are you then?
A: Grade I, sir.
Q: Kindly tell us how were you raped on 2007, while you were still Grade 1, by
Rolando Bagsic?
A: He called me up and brought me in the field sir.
Q: What were you doing when he called you and brought you to the field?
A: I was playing with my elder sisters sir.
Q: What happened when Rolando Bagsic called you?
A: He brought me in a field where there was a hut and in that hut where Rolando
Bagsic laid me down and took off my short and panty sir.
Q: Where is the hut located Madam Witness?
A: At the farm sir.