This case has been cited 1 times or more.
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2011-12-14 |
LEONARDO-DE CASTRO, J. |
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| In People v. Macafe,[42] we explained the concept of statutory rape under Article 335 of the Revised Penal Code in this wise: Rape under paragraph 3 of [Article 335] 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 years old. Hence, force and intimidation are immaterial; the only subject of inquiry is the age of the woman and whether carnal knowledge took place. 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.[43] (Emphasis ours.) | |||||