accused shall be convicted of the offense proved which is included in the offense charged, or of the offense charged which is included in the offense proved. Id., citing SEC. 5. When an offense includes or is included in another. — An offense charged necessarily includes the offense proved when some of the essential elements or ingredients of the former, as alleged in the complaint or information, constitute the latter. And an offense charged is necessarily included in the offense proved, when the essential ingredients of the former constitute or form part of those constituting the latter. [28] [29] Id., citing People v. Caoili, G.R. No. 196342, August 8, 2017. G.R. No. 208091, April 23, 2018, citing Cruz v. People, 745 Phil. 54, 73 (2014) and People v. Fragante, 657 Phil. 577, 596 (2011). [30] [31] 808 Phil. 889, 930-931 (2017). People v. Molejon, supra note 30, citing People v. Ursua, G.R. No. 218575, October 4, 2017. [32] [33] Supra note 31 at 912-913. People v. Molejon, supra note 30, citing Olivarez v. Court of Appeals, 503 Phil. 421 (2005). [34] [35] People v. Molejon, id., citing Malto v. People, 560 Phil. 119 (2007). People v. Salaver, G.R. No. 223681, August 20, 2018, citing People v. Vergara, 724 Phil. 702, 709 (2014). [36] [37] G.R. No. 218574, November 22, 2017. People v. Salaver, supra note 36, citing People v. Colentava, 753 Phil. 361 (2015). [38] [39] People v. Dalipe, 633 Phil. 428, 448 (2010). [40] People v. Barcela, 734 Phil. 332, 342 (2014). The rape in this case was not qualified as the circumstances needed to qualify the felony are not present. Notably, there is no longer a need to state that accusedappellant is not eligible for parole, given that the imposable penalty for the crime of statutory rape is not death. We have already explained that: [41]