This case has been cited 1 times or more.
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2008-07-23 |
YNARES-SATIAGO, J. |
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| We affirm the findings of the trial court and the Court of Appeals that appellant is guilty of statutory rape. Under paragraph 3, Article 335 of the Revised Penal Code, statutory rape is committed by having carnal knowledge of a woman below 12 years of age. In this specie of rape, neither force by the man nor resistance from the woman forms an element of the crime and apparent consent thereto will be of no avail, any more than in the case of a child who may actually consent but who by law is conclusively held incapable of legal consent. The law presumes that the victim on account of her tender years, does not and cannot have a will of her own. The heart of the matter is the violation of a child's incapacity to discern evil from good.[7] In the instant case, it was proven that appellant had carnal knowledge of Maria who was then under 12 years of age.[8] | |||||