"Art. 335. When and how rape is committed. – Rape is committed by having carnal knowledge of a woman under any of the following circumstances.

x x x

"3. When the woman is under twelve years of age or is demented.

"The crime of rape shall be punished by reclusion perpetua."

"This Court has held that if the woman is under twelve (12) years of age, proof of force and consent becomes immaterial, not only because force is not an element of statutory rape but the absence of free consent is presumed when the woman is below such age. The two (2) elements of statutory rape are: (1) that the accused had carnal knowledge of a woman; and (2) that the woman is below twelve (12) years of age. Sexual congress with a girl under twelve (12) years old is always rape."25 [People vs. Bolatete, 303 SCRA 709 [1999], citing People vs. Ligotan, 262 SCRA 602 [1996].]

While the trial court properly imposed the penalty of reclusion perpetua on accused-appellant in accordance with the then prevailing law, Article 335 of the Revised Penal Code, as amended by R. A. 7659, it erred in not awarding civil indemnity and moral damages. Civil indemnity of P50,000.00 is mandatory upon the finding of the fact of rape.26 [People vs. Agunos, G.R. No. 130961, October 13, 1999; People vs. Reyes, G.R. No. 113781, September 30, 1999; People vs. Mosqueda, G.R. No. 131830-34, September 3, 1999.] Moral damages of P50,000.00 is also awarded without need of proof of basis or pleading.27 [People vs. Celis, G.R. Nos. 125307-09, October 20, 1999; People vs. Ramilla, G.R. No. 127485, July 19, 1999; People vs. Cantos, G.R. No. 129298, April 14, 1999.]

Justice Pardo, First Division PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RODOLFO BATO alias "RUDY BATO," accused-appellant. [G.R. No. 134939. February 16, 2000]