Decision - 13 - G.R. No. 234841 well as from jurisprudence which defines 'intimidation' as 'unlawful coercion; extortion; duress; putting in fear. "' 31 It is clear from the testimony of AAA that Manuel employed force, intimidation, coercion, and influence upon her when he hugged her tightly and even threatened to kill her should she tell anyone of his lascivious acts. Third, "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 any influence of any adult, syndicate or group." 32 In Tulagan, 33 we explained that on the one hand, the phrase "children exploited in prostitution" contemplates four (4) scenarios: (a) a child, whether male or female who, for money, profit or any other consideration, indulges in lascivious conduct; (b) a female child who, for money, profit or any other consideration, indulges in sexual intercourse; (c) a child, whether male or female, who, due to the coercion or influence of any adult, syndicate or group, indulges in lascivious conduct; and (d) a female, due to the coercion or influence of any adult, syndicate or group, indulges in sexual intercourse. The term "other sexual abuse," on the other hand, is construed in relation to the definitions of "child abuse" under Section 3, Article I of R.A. No. 7610 and of "sexual abuse" under Section 2(g) of the Rules and Regulations on the Reporting and Investigation of Child Abuse Cases. In the former provision, "child abuse" refers to the maltreatment, whether habitual or not, of the child which includes sexual abuse, among other matters. In the latter provision, "sexual abuse" includes 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. 34 It cannot be denied from the facts of the case that AAA was subjected to sexual abuse under the foregoing definitions. She is clearly a child who, due to the coercion or influence of Manuel, indulged in lascivious conduct. In fact, it must be stressed that Manuel is the father of AAA. As such, he has moral ascendancy over his minor daughter. Settled is the rule that in cases where rape is committed by a relative, such as a father, stepfather, uncle, or common law spouse, moral influence or ascendancy takes the place of "force and intimidation" as an essential element of rape. Fourth, as previously mentioned, it is undisputed that AAA was only twelve (12) years old at the time of the commission of the offense. 35 Under 31 People v. Raul Macapagal, G.R. No. 218574, November 22, 2017; citations omitted. 32 Id.; citation omitted. 33 Supra note 23. Id. Rollo, p. 73. 34 35

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