and acts of lasciviousness. The Court affirms the Decision of the CA finding Padlan guilty of two counts of rape and one count of acts of lasciviousness, but with modifications on the penalty imposed and amount of damages awarded. Under Article 266-A of the RPC, rape is committed by having carnal knowledge of a woman under any of the following circumstances: 1. By using force, threat, or intimidation; 2. When the offended party is deprived of reason or otherwise unconscious; 3. By means of fraudulent machination or grave abuse of authority; and 4. When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. In People v. Gutierrez,[13] the Court held that there is statutory rape when: "(1) the offended party is under [twelve] years of age[;] and (2) the accused has carnal knowledge of her, regardless of whether there was force, threat or intimidation; whether the victim was deprived of reason or consciousness; or whether it was done through fraud or grave abuse of authority. It is enough that the age of the victim is proven and that there was sexual intercourse." In the present case, all the elements of statutory rape have been sufficiently established in Criminal Case Nos. 2755-M-2005 and 2756-M-2005 since the prosecution's evidence showed that on two separate occasions, Padlan had carnal knowledge of "AAA," a woman under 12 years of age. The defense did not dispute the fact that "AAA" was nine years old at the time of the incident. Her birth certificate, which was presented during trial before the RTC, clearly stated that her date of birth is August 20, 1996.[14] During her direct examination, "AAA" categorically stated that Padlan inserted his penis into her vagina on August 7, 2005 and again on September 27, 2005. The relevant portions of her testimony reveal the following incident on August 7, 2005: FISCAL VITUG xxxx Q: On August 7, 2005, from 1:00 p.m. onwards, where were you? A: I was in our house, ma'am. xxxx Q: You said you were sleeping at that time, was there any unusual incident that took place, if any? A: There was, ma'am.