xx Q: A: Q: A: xx When you heard your Uncle shouting, did you learn why he shouted? Yes, [y]our Honor. Why? According to him, BBB [(AAA's aunt)] saw Richard on top of me, [y]our Honor. Q: So when he was on top of you, you were not awakened? A: No, [y]our Honor.[31] (Emphasis supplied) Unfortunately, "AAA's" testimony as regards the second rape incident is not sufficient to convict appellant of rape or even acts of lasciviousness sans the testimonies of "BBB" and "CCC" ("AAA's" uncle) who supposedly witnessed firsthand what happened on that fateful night. "AAA's" narrative thereto clearly consisted of hearsay evidence which, "whether objected to or not, has no probative value unless the proponent can show that the evidence falls within the excepti.ons to the hearsay evidence rule x x x."[32] On this point, we deem it appropriate to reiterate our ruling in People v. Mamalias[33] where we emphasized that the admission of hearsay evidence in a criminal case would be tantamount to a violation of the rights of the accused, viz.: x x x We have held that in criminal cases, the admission of hearsay evidence would be a violation of the constitutional provision that the accused shall enjoy the right to conti·ont tl1e witnesses testifying against him and to cross-examine tl1em. A conviction based alone on proof that violates the constitutional right of an accused is a nullity and the court that rendered it acted without jurisdiction in its rendition. Such a judgment cannot be given any effect whatsoever especially on the liberty of an individual.[34] (Emphasis supplied) Clearly, the RTC committed a grave mistake when it relied on hearsay evidence to convict appellant of the crime of acts of lasciviousness. We also note the enor in the fallo[35] of the RTC Decision where the trial court convicted appellant of rape in Criminal Case No. 07-0284 (the second rape incident) and acts of lasciviousness in Criminal Case No. 07-0589[36] (the first rape incident), when it should have been the other way around, based on the discussion in the body of said Decision. The CA, too, is equally at fault for failing not only to recognize the glaring flaw in the prosecution's evidence, but also to correct the mistake in the fallo of the RTC Decision when the case was elevated on appeal. The Crime Committed and the Proper Penalty in Criminal Case No. 07-0589 As earlier discussed, sexual intercourse with a woman who is below 12 years of age constitutes statutory rape.[37] Moreover, Article 266-B of the Revised Penal Code, as amended, provides that the death penalty shall be imposed "when the victim is a