Decision 9 G.R. No. 235662 Criminal Case Nos. 08-0581-2013 and 08-0631-2013 On qualified rape, Article 266-A and 266-B of the Revised Penal Code ordain: , Article 266-A. Rape: When And How Committed. - Rape 1s committed: t 1) By a man who shall have carnal knowledge of a woman under any of the following circumstances: a) Through force, threat, or intimidation; b) When the offended party is deprived of reason or otherwise unconscious; c) By means of fraudulent machination or grave abuse of authority; and 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. XXX Article 266-B Penalty-xx x XXX The death penalty shall also be imposed if the crime of rape is committed with any of the following·aggravating/qualifying circumstances: 1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim; XXX The elements of qualified rape are: (1) sexual congress; (2) with a woman; (3) done by force and without consent; (4) the victim is under eighteen [ 18] years of age at the time of the rape; ( 5) the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim. At the outset, AAA and BBB were young girls under the age of eighteen ( 18) when they were sexually ravished by appellant in 2009. All three (3) Informatio~s bore the twin circumstances of minority and relationship. As proven by the prosecution's documentary evidence. 26 AAA was born on August 12, 1993 and BBB, on February 7, 1996. In 2009, AAA was fifteen 26 Exhibits "D" and "G." 1