c. By means of fraudulent machination or grave abuse of
authority;
d. When the offended party is under twelve (12) years of
age or is demented, even though none of the circumstances
mentioned above be present. (Emphasis supplied)
xxxx
"Statutory rape is committed by sexual intercourse with a woman below 12 years of
age regardless of her consent, or the lack of it, to the sexual act."[19] Notably, the
absence of free consent in cases of statutory rape is conclusively presumed and as
such, proof of force, intimidation or consent is immaterial.[20]
To convict an accused of statutory rape, the prosecution must prove: 1) the age of
the complainant; 2) the identity of the accused; and 3) the sexual intercourse
between the accused and the complainant.[21]
In this case, the prosecution successfully established that the first rape incident on
February 24, 2007 indeed took place when ''AAA" was only 6 years old,[22] and that
appellant was the perpetrator of the crime. The pertinent portion of "AAA's"
testimony detailing said rape incident is quoted below:
[PROS. JACOB M. MONTESA II]
Q: You said you were raped by Kuya Richard, is this true or not?
A: That's true, Sir.
Q: How did he rape you?
A: He placed himself on top of me, Sir.
Q: And what else did he do?
A: He inserted his penis into my vagina, Sir.
Q: What else?
A: He licked my vagina, Sir.[23]
xxxx
Q: This Kuya Richard who raped you, is he here today?
A: Yes, Sir.
Q: Can you point to him?
A: That one, Sir. (Witness pointing to a person who when asked, answered by the
name of Richard Ramirez.)
Q: Can you tell us what you felt when Kuya Richard was doing this? What was
your reaction?
A: I was hurt, Sir.
Q: Did you cry?
A: Yes, Sir.[24]