The best evidence of forcible defloration

The Court held in People v. Perez, that hymenal lacerations, whether healed or fresh, are the best evidence of forcible defloration. And when the consistent and forthright testimony of a rape victim is consistent with medical findings, there is sufficient basis to warrant a conclusion that the essential requisites of carnal knowledge have been established.

Did a person commit rape if he had sexual congress with a girl under 12 years old?

Sexual congress with a girl under 12 years old is always rape. (People v. Perez, G.R. No. 182924, December 24, 2008, 575 SCRA 653, 681.)

In this type of rape, 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.

What are the requisites for a charge of rape to prosper?

For a charge of rape to prosper under Article 266-A of the Revised Penal Code, as amended, the prosecution must prove that (1) the offender had carnal knowledge of a woman; and (2) he accomplished such act through force, threat, or intimidation, or when she was deprived of reason or otherwise unconscious, or when she was under 12 years of age or was demented. (People v. Trayco, G.R. No. 171313, August 14, 2009, 596 SCRA 233, 244)

What is the effect in a charge of murder if there was no evidence of treachery?

Without evident premeditation, and without any evidence to appreciate the aggravating circumstance of treachery in the killing, the accused can only be held liable as principal for the crime of homicide as defined and penalized under Article 249 of the Revised Penal Code.

Is it a requirement for witnesses to know the names of the assailants?

Witnesses need not know the names of the assailants, as long as they recognize the latter’s faces. What is imperative is that, on the basis of their personal knowledge, the witnesses are positive as to the physical identification of the perpetrators. (People v. Sorila, Jr., 578 Phil. 931 [2008]).

Thus, it was sufficient that the witnesses were able to identify the accused in the crime scene and when they took the witness stand. 

When is there treachery?

There is treachery when the offender commits any of the crimes against persons by employing means, methods or forms that tend directly and especially to ensure its execution without risk to the offender arising from the defense that the offended party might make.

What are the requisites that the prosecution must prove in a murder charge?

For the charge of murder to prosper, the prosecution must prove the following: (1) the offender killed the victim, and (2) the killing was done through treachery, or by any of the five other qualifying circumstances, duly alleged in the Information.  (People v. Gabrino,G.R. No. 189981, 9 March 2011, 645 SCRA 187.)