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

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