Rape of minors - "[R.A. No.] 8353 amending the RPC should now be uniformly applied in cases involving sexual intercourse committed against minors, and not Section 5 (b) of [R.A. No.] 7610."

"Xxx.

In People v. Ejercito,35 the Court explained that Republic Act (R.A.) No. 8353 or the Anti-rape Law, amending the Revised Penal Code (RPC), should be uniformly applied in rape cases against minors. The Ejercito case was reiterated in the more recent case of People v. Tulagan.36

Between Article 266-A of the RPC, as amended by [R.A. No.] 8353, x x x and Section 5 (b) of [R.A. No.] 7610, the Court deems it apt to clarify that Ejercito should be convicted under the former. Verily, penal laws are crafted by legislature to punish certain acts, and when two (2) penal laws may both theoretically apply to the same case, then the law which is more special in nature, regardless of the time of enactment, should prevail. In Teves v. Sandiganbayan:

It is a rule of statutory construction that where one statute deals with a subject in general terms, and another deals with a part of the same subject in a more detailed way, the two should be harmonized if possible; but if there is any conflict, the latter shall prevail regardless of whether it was passed prior to the general statute. Or where two statutes are of contrary tenor or of different dates but are of equal theoretical application to a particular case, the one designed therefor specially should prevail over the other. (Emphases in the original)

After much deliberation, the Court herein observes that [R.A. No.] 8353 amending the RPC should now be uniformly applied in cases involving sexual intercourse committed against minors, and not Section 5 (b) of [R.A. No.] 7610. Indeed, while [R.A. No. 7610 has been considered as a special law that covers the sexual abuse of minors, [R.A. No.] 8353 has expanded the reach of our already existing rape laws. These existing rape laws should not only pertain to the old Article 335 of the RPC but also to the provision on sexual intercourse under Section 5 (b) of (R.A. No.] 7610 which, applying Quimvel's characterization of a child "exploited in prostitution or subjected to other abuse," virtually punishes the rape of a minor. (Emphasis supplied)

Article 266-A of the RPC states that rape through sexual intercourse is committed as follows:

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. (Emphasis supplied)

The elements necessary to sustain a conviction for statutory rape are: (1) the offender is a man; (2) he had carnal knowledge of a woman; and (3) the offended party is under 12 years old.

First, it is undeniable that the accused is a man. Second, the records do not show that the accused questioned the victim's age. In fact, the parties stipulated during pre-trial that the victim was seven years old at the time of the commission of the crime. Third, the fact of carnal knowledge was proven through the AAA's Sinumpaang Salaysay and testimony in court. BBB's Sinumpaang Salaysay and testimony, the Initial Medico-Legal Report, Medico-Legal Report R09-874, and the medico-legal officer's testimony all corroborate that Gratela had carnal knowledge of AAA.

Xxx."

THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. PAOLO LUIS GRATELA Y DAVILLO, Accused-Appellant. G.R. No. 225961, January 06, 2020. https://lawphil.net/judjuris/juri2020/jan2020/gr_225961_2020.html