Remedial Law, 2015 Bar — Question XVI-B

ESSAY

AA, a twelve-year-old girl, while walking alone met BB, a teenage boy who befriended her. Later, BB brought AA to a nearby shanty where he raped her. The Information for rape filed against BB states: “On or about October 30, 2015, in the City of S.P. and within the jurisdiction of this Honorable Court, the accused, a minor, fifteen (15) years old with lewd design and by means of force, violence and intimidation, did then and there, willfully, unlawfully and feloniously had sexual intercourse with AA, a minor, twelve (12) years old against the latter’s will and consent.” In order to obviate the counsel’s argument on the competency of AA as prosecution witness, the judge motu proprio conducted his voir dire examination on AA. Was the action taken by the judge proper? (2%)

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