"Second, the appellant employed threat, force and intimidation to satisfy his lust.

As an element of rape,
force, threat or intimidation need not be irresistible,· but just enough to bring about the desired
result."7 In the present case, AAA testified that she cried when the appellant inserted his penis into her
vagina. As a child of tender years, she could not reasonably be expected to resist in the same manner
that an adult would under the same or similar circumstances. Nonetheless, AAA's act of crying during
the rape is sufficient indication that the appellant's act was against her will. A

The rule is settled that the factual findings and the evaluation of witnesses'
credibility and testimony made by the trial court should be entitled to great
respect, unless it is shown that the trial court may have "overlooked,
misapprehended, or misapplied any fact or circumstance of weight and
substance." 99 (People v. Divinagracia, Sr., G.R. No. 207765, [July 26, 2017])
|||

People v. Noveras 91 emphasized that when a rape victim's allegation is

corroborated by a physician's finding of penetration, "there is sufficient
foundation to conclude the existence of the essential requisite of carnal
knowledge." 92
It is well-established that "[p]hysical evidence is evidence of the highest
order. It speaks more eloquently than a hundred witnesses." 93 The physical
evidence of the healed lacerations in AAA's vagina strongly corroborates AAA
and BBB's testimonies that AAA was raped by their accused.
||| (People v. Divinagracia, Sr., G.R. No. 207765, [July 26, 2017])

For a charge of rape under the above-mentioned provision to prosper,

the following elements must be present: (1) accused-appellant had carnal
knowledge ofAAA; and, (2) he accompanied such act by force, threat
or intimidation.
The first element of carnal knowledge is present because accused-
appellant, in fact, admits that he had carnal knowledge of AAA. The
point of contention is whether there was force, or intimidation, or threat in the
said act.
We find that the evidence on record sufficiently established that the
accused-appellant employed force, intimidation and threat in carrying out his
sexual advances on AAA. The CA correctly found that the accused-appellant
employed force upon the person of AAA. Accused-appellant tied AAA's legs
with a rope, climbed on top of her, and covered her mouth to prevent her from
asking for help. Accused-appellant also threatened AAA when he pointed a
 knife at her and tried to stab her. Clearly, contrary to the accused-appellant's
contention, the element of force and intimidation is present in this case.
And even assuming arguendo that AAA failed to resist, the same does
not necessarily amount to consent to accused-appellant's criminal acts. It is not
necessary that actual force or intimidation be employed; as moral influence or
ascendancy takes the place of violence or intimidation. Jurisprudence holds
that the failure of the victim to shout for help does not negate rape. Even the
victim's lack of resistance, especially when intimidated by the offender into
submission, does not signify voluntariness or consent. 12 In the cases of People
v. Ofemiano n 13 and People v. Corpuz, 14 it has been acknowledged that even
absent any actual force orintimidation, rape may be committed if the malefactor
has moral ascendancy over the victim. Considering that accused-appellant was
the common-law spouse ofAAA's mother, and as such, he was exercising
parental authority over AAA. Indeed, in this case, moral ascendancy is
substituted for force and intimidation.
||| (People v. Amoc y Mambatalan, G.R. No. 216937, [June 5, 2017])