Second, petitioner clearly has moral ascendancy over the minor victim not just
because of his relative seniority but more importantly due to the presumed
presence of mutual trust and confidence between them by virtue of an existing
employment relationship, AAA being a domestic helper in petitioner's household.
Notably, a child is considered as sexually abused under Section 5 (b) of R.A. No.
7610 when he or she is subjected to lascivious conduct under the coercion or
influence of any adult. 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. The law does not require physical
violence on the person of the victim; moral coercion or ascendancy is sufficient. On
this point, Caballo v. People explicated:
As it is presently worded, Section 5, Article III of RA 7610 provides that when a
child indulges in sexual intercourse or any lascivious conduct due to the coercion or
influence of any adult, the child is deemed to be a "child exploited in prostitution
and other sexual abuse." In this manner, the law is able to act as an effective
deterrent to quell all forms of abuse, neglect, cruelty, exploitation and
discrimination against children, prejudicial as they are to their development.
In this relation, case law further clarifies that sexual intercourse or lascivious
conduct under the coercion or influence of any adult exists when there is some fonn
of compulsion equivalent to intimidation which subdues the free exercise of the
offended party's free will. Corollary thereto, Section 2(g) of the Rules on Child
Abuse Cases conveys that sexual abuse involves the element of influence which
manifests in a variety of forms. It is defined as:
The employment, use, persuasion, inducement, enticement or coercion of a child to
engage in, or assist another person to engage in, sexual intercourse or lascivious
conduct or the molestation, prostitution, or incest with children.
To note, the term "influence" means the "improper use of power or trust in any way
that deprives a person of free will and substitutes another's objective." Meanwhile,
"coercion" is the "improper use of ... power to compel another to submit to the
wishes of one who wields it."
Finally, the victim is 16 years of age at the time of the commission of the offense.
Under Section 3 (a) of R.A. No. 7610, "children" refers to "persons below eighteen
(18) years of age or those over but unable to fully take care of themselves or
protect themselves from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition."[22]
In view of the above discussion in Dimakuta v. People,[23] to which the ponencia
appears to subscribe, and considering that all the elements of acts of lasciviousness
under Article 336 of the RPC, in relation to Section 5(b), Article III of R.A. 7610,[24]
have been proven beyond reasonable doubt, the CA correctly upheld the RTC in
convicting Quimvel of the said crime.
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