Decision
- 54 -
G.R. No. 227363
Section 5(b) - which provides that "when the victim is under twelve (12)
years of age, the perpetrators shall be prosecuted under x x x the Revised
Penal Code, for rape or lascivious conduct, as the case may be" - is a
textual indicator that R.A. No. 7610 has a specific application only to
children who are pre-disposed to "consent" to a sexual act because they are
"exploited in prostitution or subject to other sexual abuse," thereby negating
the ponente 's theory of general applicability.
In People v. Larin, 120 We held that a child is deemed exploited in
prostitution or subjected to other sexual abuse, when the child indulges in
sexual intercourse or lascivious conduct (a) for money, profit, or any other
consideration; or (b) under the coercion or influence of any adult, syndicate
or group. Under R.A. No. 7610, children are "persons below eighteen years
of age or those unable to fully take care of themselves or protect themselves
from abuse, neglect, cruelty, exploitation or discrimination because of their
age or mental disability or condition." Noting that the law covers not only a
situation in which a child is abused for profit, but also one in which a child,
through coercion or intimidation, engages in any lascivious conduct, We
ruled that Section 5(b) of R.A. No. 7610 penalizes not only child
prostitution, the essence of which is profit, but also other forms of sexual
abuse of children. We stressed that this is clear from the deliberations of the
Senate, and that the law does not confine its protective mantle only to
children under twelve (12) years of age.
In Amployo v. People, 121 citing Larin, We observed that Section 5 of
R.A. No. 7610 does not merely cover a situation of a child being abused for
profit, but also one in which a child engages in any lascivious conduct
through coercion or intimidation. As case law has it, intimidation need not
necessarily be irresistible. It is sufficient that some compulsion equivalent to
intimidation annuls or subdues the free exercise of the will of the offended
party. This is especially true in the case of young, innocent and immature
girls who could not be expected to act with equanimity of disposition and
with nerves of steel. Young girls cannot be expected to act like adults under
the same circumstances or to have the courage and intelligence to disregard
the threat.
In Olivarez vs. Court of Appeals, 122 We held that a child is deemed
subjected to other sexual abuse when the child indulges in lascivious
conduct under the coercion or influence of any adult. We found that the 16year old victim in that case was sexually abused because she was coerced or
intimidated by petitioner to indulge in a lascivious conduct. We stated that it
120
357 Phil. 987 ( 1998).
121
Supra note 17.
Supra note 111. Penned by Associate Justice Consuelo Ynares-Santiago, with Associate Justices
122
v
Leonardo A. Quisumbing and Adolfo S. Azcuna, concurring; and Chief Justice Hilario G. Davide, ~
joining the di,,ent of A"oeiote Ju,tiee Antonio T. Cocpio.
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