Decision
- 51 -
G.R. No. 227363
must also rule that the Information in the case at bench does not suffer from
the alleged infirmity.
We likewise held in Quimvel that the offense charged can also be
elucidated by consulting the designation of the offense as appearing in the
Information. The designation of the offense is a critical element required
under Sec. 6, Rule 110 of the Rules of Court for it assists in apprising the
accused of the offense being charged. Its inclusion in the Information is
imperative to avoid surprise on the accused and to afford him of opportunity
to prepare his defense accordingly. Its import is underscored in this case
where the preamble states that the crime charged is "Acts of Lasciviousness
in relation to Section 5(b) ofR.A. No. 7610."
We held that for purposes of determining the proper charge, the term
"coercion or influence" as appearing in the law is broad enough to cover
"force and intimidation" as used in the Information; in fact, as these terms
are almost used synonymously, it is then "of no moment that the
terminologies employed by R.A. No. 7610 and by the Information are
different." 113 We also ruled that a child is considered one "exploited in
prostitution or subjected to other sexual abuse" when the child indulges in
sexual intercourse or lascivious conduct "under the coercion or influence of
any adult." 114 Thus, We rule that the above-quoted Information in Criminal
Case No. SCC-6210 sufficiently informs Tulagan of the nature and cause of
accusation against him, namely: rape by sexual assault under paragraph 2,
Article 266-A of the RPC in relation to R.A. No. 7610.
We also take this opportunity to address the position of Justice
Caguioa and Justice Perlas-Bernabe, which is based on dissenting
opinions 115 in Olivarez and Quimvel. Citing the Senate deliberations, the
dissenting opinions explained that the phrase "or any other consideration or
due to coercion or influence of any adult, syndicate or group," under Section
S(b) ofR.A. No. 7610, was added to merely cover situations where a child is
abused or misused for sexual purposes without any monetary gain or profit.
The dissenting opinions added that this was significant because profit or
monetary gain is essential in prostitution; thus, the lawmakers intended that
in case all other elements of prostitution are present, but the monetary gain
or profit is missing, the sexually abused and misused child would still be
afforded the same protection of the law as if he or she were in the same
situation as a child exploited in prostitution. 116
113
114
115
116
People v. Francisco Ejercito, G.R. No. 229861, July 2, 2018.
Id.
Penned by Senior Associate Justice Antonio T. Carpio.
See Justice Carpio's Dissenting Opinion in Quimvel v. People, supra note 35.
cY
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