A child cannot give consent to a contract under our civil laws. This is on the rationale
that she can easily be the victim of fraud as she is not capable of fully understanding or
knowing the nature or import of her actions. The State, as parens patriae, is under the
obligation to minimize the risk of harm to those who, because of their minority, are as
yet unable to take care of themselves fully. Those of tender years deserve its
protection.
The harm which results from a child's bad decision in a sexual encounter may be
infinitely more damaging to her than a bad business deal. Thus, the law should protect
her from the harmful consequences of her attempts at adult sexual behavior. For this
reason, a child should not be deemed to have validly consented to adult sexual activity
and to surrender herself in the act of ultimate physical intimacy under a law which
seeks to afford her special protection against abuse, exploitation and discrimination.
(Otherwise, sexual predators like petitioner will be justified, or even unwittingly
tempted by the law, to view her as fair game and vulnerable prey.) In other words, a
child is presumed by law to be incapable of giving rational consent to any
lascivious act or sexual intercourse.36
Records likewise indicate that Fianza was about 35 years old at the time of the
commission of the offense,37 or 24 years older than AAA, more or less. The age
disparity between them clearly placed Fianza in a stronger position over AAA which
enabled him to wield his will on the latter.38
However, Fianza assails his conviction for the prosecution's failure: (a) to specify in the
Information in Criminal Case No. T-5144 the date of the commission of the offense;39
and (b) to indicate in the information in both cases that the complained acts were
performed with a child exploited in prostitution or subjected to other sexual abuse40 in
violation of his right to be informed of the nature and cause of the accusations against
him.
In this relation, Section 6, Rule 110 of the Rules of Court (Rules), which lays down the
guidelines in determining the sufficiency of a complaint or information, provides:
chanRoblesvirt ual Lawlib rary
SEC. 6. Sufficiency of complaint or information. - A complaint or information is
sufficient if it states the name of the accused; the designation of the offense given by