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People of The Philippines, Plaintiff-Appellee, Charlie BUTIONG, Defendant-Appellant

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Jobelle D. Barcellano
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88 views1 page

People of The Philippines, Plaintiff-Appellee, Charlie BUTIONG, Defendant-Appellant

Uploaded by

Jobelle D. Barcellano
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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9/8/2021 CentralBooks:Reader

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SUPREME COURT REPORTS ANNOTATED VOLUME 659

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G.R. No. 168932.  October 19, 2011.*

PEOPLE OF THE PHILIPPINES,


plaintiff-appellee, vs. CHARLIE
BUTIONG, defendant-appellant.

Criminal Law; Rape; Evidence; The date


of the rape need not be precisely proved
considering that date is not an element of
rape.—The CA fully debunked the argument
on the exact date of the rape not being
established by simply quoting from AAA’s
testimony that the rape had occurred on
October 7, 1998. We need to emphasize,
however, that the date of the rape need not
be precisely proved considering that date is
not an element of rape.
Same; Same; Same; The basic element of
rape is carnal knowledge or sexual
intercourse, not ejaculation; Carnal
knowledge is defined as “the act of

_______________

* FIRST DIVISION.

558

a man having sexual bodily connections with


a woman.”—Nor did the absence of
spermatozoa from the genitalia of AAA
negate or disprove the rape. The basic
element of rape is carnal knowledge or sexual
intercourse, not ejaculation. Carnal
knowledge is defined as “the act of a man
having sexual bodily connections with a
woman.” This explains why the slightest
penetration of the female genitalia
consummates the rape. As such, a mere
touching of the external genitalia by the
penis capable of consummating the sexual
act already constitutes consummated rape.
Same; Same; Same; Rape is essentially a
crime committed through force or
intimidation, that is, against the will of the
female; It is also committed without force or
intimidation when carnal knowledge of a
female is alleged and shown to be without her
consent.—Rape is essentially a crime
committed through force or intimidation,
that is, against the will of the female. It is
also committed without force or intimidation
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