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.

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