7/25/2019 84 People vs. Bato

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People vs. Bato

Facts:

Rodolfo Bato alias Rudy Bato is charged of rape and sentenced to suffer imprisonment of

reclusion perpetua. He raped Delia Hernandez, a minor of nine (9) years old, against her will, to the

damage and preudice of the latter!

HELD:

"either is the a#sence of spermatozoa in Delia$s genitalia fatal to the prosecution$s case! %hepresence or a#sence of spermatozoa is immaterial in a prosecution for rape! %he important

consideration in rape cases is not the emission of semen #ut the unlawful penetration of the female

genitalia #y the male organ!

%he crime committed is statutory rape, defined and penalized under paragraph & of 'rticle && of the

Reised *enal +ode, as amended #y ection --, R! '! ./9! %his +ourt has held that if the woman is

under twele (-0) years of age, proof of force and consent #ecomes immaterial, not only #ecause

force is not an element of statutory rape #ut the a#sence of free consent is presumed when the woman

is #elow such age! %he two (0) elements of statutory rape are1 (-) that the accused had carnal

2nowledge of a woman3 and (0) that the woman is #elow twele (-0) years of age! e4ual congress

with a girl under twele (-0) years old is always rape!