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PEOPLE v. MANOLITO PANCHO

This case has been cited 8 times or more.

	GR No. 194833 2014-07-02	PEOPLE v. PORFERIO BALINO PEREZ, J.
It bears emphasis that sexual intercourse with a girl below twelve years of age is statutory rape. 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.[18] 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.[19] In the case at bench, AAA, while recounting her unfortunate ordeal, positively identified the accused as the perpetrator; she never wavered in this identification.
	GR No. 172372 2009-12-04	PEOPLE v. ROMAR TEODORO Y VALLEJO BRION, J.
Rape under paragraph 3 of this article is termed statutory rape as it departs from the usual modes of committing rape. What the law punishes in statutory rape is carnal knowledge of a woman below twelve (12) years old. 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.[33] 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.[34]
	GR No. 182057 2009-02-06	PEOPLE v. RESTITUTO C. VALENZUELA BRION, J.
Rape under paragraph 3 of this article is termed statutory rape as it departs from the usual modes of committing rape. What the law punishes in statutory rape is carnal knowledge of a woman below twelve (12) years old. Thus, force, intimidation, and physical evidence of injury are immaterial; the only subject of inquiry is the age of the woman and whether carnal knowledge took place.[22] 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 evil from good.[23]
	GR No. 168299 2008-10-06	PEOPLE v. LUIS AYCARDO AZCUNA, J.
Considering that private complainant was 9 years old at the time the first rape was allegedly committed and was 10 years old during the second and third rape incidents, the three counts of rape fall under paragraph 3 of Art. 335 of the Revised Penal Code. Carnal knowledge of a girl under 12 years old is statutory rape.[20] Consent of the offended party is immaterial as she is presumed not to have any will of her own, being of tender age.[21] The fact that the offended party is under 12 years old at the time of the commission of the crime is an essential element of the crime and must be proved beyond reasonable doubt.[22] In statutory rape, violence or intimidation is not required, and the only subject of inquiry is whether carnal knowledge took place.[23]
	GR No. 134773 2004-06-29	PEOPLE v. AVELINO MABONGA Y BABON SANDOVAL-GUTIERREZ, J.
We have repeatedly held that "the absence of external signs of physical injuries does not cancel out the commission of rape, since proof of injuries is not an essential element of the crime."[49] In fact, even the absence of fresh lacerations does not preclude the finding of rape. Laceration of the hymen is not an element of the crime of rape.[50] Suffice it to say that Dr. Suguitan in his Medico-Legal Report, emphatically concluded that the above "findings are compatible with recent loss of virginity."[51]
	GR Nos. 130493-98 2004-04-28	PEOPLE v. ROGELIO LAYUGAN Y FURUC SANDOVAL-GUTIERREZ, J.
The same provisions categorize rape as either simple or qualified. It is qualified when any of the qualifying/aggravating circumstances which attended the commission of the crime as when the victim is below 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 is alleged in the Information and proven during trial.[17] A finding of qualified rape raises the penalty to death.
	GR No. 142899 2004-03-31	PEOPLE v. CESAR GLORIOSO LAGRONIO PADILLA PER CURIAM
The same provisions likewise categorized rape as either simple or qualified. It is qualified only when any of the qualify ing/aggravating circumstances which attended the commission of the crime is alleged in the Information and proven during trial, as for instance the victim is below 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.[26]
	GR Nos. 137828-33 2004-03-23	PEOPLE v. JOSE SANTOS Y RUIZ SANDOVAL-GUTIERREZ, J.
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. x x x x x x x x x." Rape under the above provisions is either simple or qualified. It is qualified when the age of the victim (below 18) and her relationship with the appellant are both alleged in the Information and proved.[9]