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. cralawred xxx cralawred Statutory rape is committed when: (1) the offended party is under twelve (12) 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.16 It is enough that the age of the victim is proven and that there was sexual intercourse.17 ChanRoblesVirtualawl ibra ry This Court has consistently held that "rape under Article 266-A(1)(d) of the Revised Penal Code, as amended, is termed statutory rape as it departs from the usual modes of committing rape."18 What the law punishes in statutory rape is carnal knowledge of a woman below twelve (12) years old.19 Thus, force, intimidation and physical evidence of injury are not relevant considerations; the only subject of inquiry is the age of the woman and whether carnal knowledge took place.20 The law presumes that the victim does not and cannot have a will of her own on account of her tender years; the child's consent is immaterial because of her presumed incapacity to discern good from evil.21 ChanRobles Vi rtualawl ibrary Moreover, under Article 266-B, the penalty for statutory rape is death if, among others, the victim is below seven (7) years old, thus: ART. 266-B. Penalties. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua. chanRoblesvirtual Lawlib ra ry xxxx The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances: xxxx 5. When the victim is a child below seven (7) years old. xxxx cralawred In the present case, both the RTC and the CA found that the prosecution was able to prove beyond reasonable doubt all the elements of statutory rape and this Court finds no cogent reason to depart from these findings, as will be discussed below. Accused-appellant's arguments in the instant appeal basically harp on the alleged loopholes, inconsistencies and improbabilities in the testimonies of the victim and her mother which supposedly cast doubt on their credibility as witnesses. Settled is the rule that testimonies of child-victims are normally given full weight and credit, since when a girl, particularly if she is a minor, says that she has been raped, she says in effect all that is necessary to show that rape has, in fact, been committed.22 When the offended party is of tender age and immature, courts are inclined to give credit to her account of what transpired, considering not only her relative vulnerability but also the shame to which she would be exposed if the matter to

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