Decision
G.R. No. 227363
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destroying the other existing tools we have at hand. And maybe there is a
need to sharpen the tools we have at hand, rather than to make a new tool
to fight this evil. Thank you very much, Mr. Chairman. 111
Moreover, contrary to the claim of JustiCe Caguioa, We note that the
Information charging Tulagan with rape by sexual assault in Criminal Case
No. SCC-6210 not only distinctly stated that the same is "Contrary to
Article 266-A, par. 2 of the Revised Penal Code in relation to R.A. 7610,"
but it also sufficiently alleged all the elements of violation of Section 5(b) of
R.A. No. 7610, in this wise:
Elements of Section S(b) of R.A
No. 7610
1. The accused commits the act of
sexual intercourse or lascivious
conduct.
2. The said act is performed with a
child exploited in prostitution or
other sexual abuse. Section 5 of
R.A. No. 7610 deems as "children
exploited in prostitution and other
sexual abuse" those children,
whether male or female, ( 1) who
for money, profit or any other
consideration or (2) due to the
coercion or influence of any
adult, syndicate or group, indulge
in sexual intercourse or lascivious
conduct.
3. The child, whether male or
female, is below 18 years of age.
J
Information in Criminal Case
No. SCC-6210
1. That sometime in the month of
September 2011 x x x, the abovcnamed accused [Tulagan] x x x did
then
and
there,
willfully,
unlawfully
and
feloniously
inserted his finger into the vagina
of said AAA, against her will and
consent.
2. [T]he above-name accused, by
means of force, intimidation and
with abuse of superior strength
forcibly laid complainant AAA, x
x x in a cemented pavement, and x
x x inserted his finger into the
vagina of said AAA, against her
will and consent.
J
3. AAA is a 9-year-old minor.
In Quimvel, We ruled that the Information in Olivarez v. Court of
Appeals 112 is conspicuously couched in a similar fashion as the Information
in the case against Quimvel. We explained that the absence of the phrase
"exploited in prostitution or subject to other sexual abuse" or even a specific
mention of "coercion" or "influence" was never a bar for us to uphold the
finding of guilt against an accused for violation of R.A. No. 7610. Just as
We held that it was enough for the Information in Olivarez to have alleged
that the offense was committed by means of "force and intimidation," We
Ill
112
Deliberation of the Committee on Justice, December 19, 1989.
503 Phil. 421 (2005).
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