see - sc.judiciary.gov.ph/jurisprudence/2013/january2013/201447.pdf
"x x x.
Reproduced hereunder are the pertinent provisions of the Revised Penal Code, as amended:
ART. 266-A. Rape; when and how committed. – Rape is committed –
1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a) Through force, threat or intimidation;
b) When the offended party is deprived of reason or is otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority;
d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.
x x x x
ART. 266-B. Penalties. – Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.
x x x x
The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:
1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim. (Emphases supplied.)
x x x.
The elements of rape under Article 266-A, paragraph (1)(a) of the Revised Penal Code, as amended, are: (1) that the offender had carnal knowledge of a woman; and (2) that such act was accomplished through force, threat, or intimidation.26
But when the offender is the victim’s father, there need not be actual force, threat, or intimidation, as the Court expounded in People v. Fragante27 :
It must be stressed that the gravamen of rape is sexual congress with a woman by force and without consent. In People v. Orillosa, we held that actual force or intimidation need not be employed in incestuous rape of a minor because the moral and physical dominion of the father is
sufficient to cow the victim into submission to his beastly desires. When a
father commits the odious crime of rape against his own daughter, his
moral ascendancy or influence over the latter substitutes for violence and
intimidation. The absence of violence or offer of resistance would not
affect the outcome of the case because the overpowering and overbearing
moral influence of the father over his daughter takes the place of violence
and offer of resistance required in rape cases committed by an accused
who did not have blood relationship with the victim. (Citations omitted.)
Then to raise the crime of simple rape to qualified rape under Article
266-B, paragraph (1) of the Revised Penal Code, as amended, the twin
circumstances of minority of the victim and her relationship to the offender
must concur.28
The foregoing elements of qualified rape under Article 266-A, paragraph (1)(a), in relation to Article 266-B , paragraph (1), of the Revised Penal Code, as amended, are sufficiently alleged in the Information against
Amistoso, viz: (1) Amistoso succeeded in having carnal knowledge of
AAA against her will and without her consent; (2) AAA was 12 years old
on the day of the alleged rape; and (3) Amistoso is AAA’s father.
x x x."
