PEOPLE V. TUAZON (CRIMINAL, RAPE)

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

1. by using force or intimidation;
2. xxx
3. when the woman is under 12 years of age or is demented.

The crime of rape shall be punished by reclusion perpetua.

Moreover, Tuazon shall not be eligible for parole pursuant to the Indeterminate Sentence Law. Section2 thereof provides that the law shall not apply to persons convicted of offenses punished with death penalty or life imprisonment. Although the law makes no reference to persons convicted to suffer the penalty of reclusion perpetua such as Tuazon herein, the Court has consistently held that the Indeterminate Sentence Law likewise does not apply to persons sentenced to reclusion perpetua.

Physical resistance need not be established in rape when intimidation is exercised upon the victim who submits against her will tot her rapist's lust because of fear for her life or personal safety. Because of victim's youthfulness, coupled with the act that offender is her stepfather, it was easy for her to believe that offender would make good his threat to kill her should she resist.

The Court has acknowledged in several cases that the hesitance of the victim in reporting the crime to the authorities is not necessarily an indication of a fabricated charge. This is especially true when the delay can be attributed to the pattern of fear instilled by the threats of bodily harm made by a person who exercises moral ascendancy over the victim.