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	GR No. 175595 2010-07-28	PEOPLE v. TEDDY MAGAYON LEONARDO-DE CASTRO, J.
In rape cases, the gravamen of the offense is sexual intercourse with a woman against her will or without her consent.[40] If the woman is under 12 years of age, such as in the case of AAA, proof of force and consent becomes immaterial, not only because force is not an element of statutory rape, but because the absence of free consent is presumed. Conviction will therefore lie, provided sexual intercourse is proven.[41]
	GR No. 186496 2009-08-27	PEOPLE v. DANTE GRAGASIN Y PAR CHICO-NAZARIO, J.
In rape cases, the gravamen of the offense is sexual intercourse with a woman against her will or without her consent.[13] If the woman is under 12 years of age, such as in the case of AAA, proof of force and consent becomes immaterial, not only because force is not an element of statutory rape, but because the absence of free consent is presumed. Conviction will therefore lie, provided sexual intercourse is proven.[14]