Decision
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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