Garingarao insists that, assuming that the testimonies of the prosecution witnesses
were true, he should not be convicted of violation of RA 7610 because the incident
happened only once. Garingarao alleges that the single incident would not suffice to
hold him liable under RA 7610.
Garingarao's argument has no legal basis.
The Court has already ruled that it is inconsequential that sexual abuse
under RA 7610 occurred only once. Section 3 (b) of RA 7610 provides that
the abuse may be habitual or not. Hence, the fact that the offense occurred
only once is enough to hold Garingarao liable for acts of lasciviousness
under RA 7610.[19]
To be sure, if and when there is an absurdity in the interpretation of the provisions
of the law, the proper recourse is to refer to the objectives or the declaration of
state policy and principles under Section 2 of the R.A. 7610, as well as Section
3(2), Article XV of the 1987 Constitution:
[R.A. 7610] Sec. 2. Declaration of State Policy and Principles. - It is hereby
declared to be the policy of the State to provide special protection to children
from all forms of abuse, neglect, cruelty, exploitation and discrimination,
and other conditions prejudicial to their development including child labor
and its worst forms; provide sanctions for their commission and carry out a
program for prevention and deterrence of and crisis intervention in situations of
child abuse, exploitation and discrimination. The State shall intervene on behalf of
the child when the parent, guardian, teacher or person having care or custody of
the child fails or is unable to protect the child against abuse, exploitation and
discrimination or when such acts against the child are committed by the said
parent, guardian, teacher or person having care and custody of the same.
It shall be the policy of the State to protect and rehabilitate children gravely
threatened or endangered by circumstances which affect or will affect their survival
and normal development and over which they have no controL
The best interests of children shall be the paramount consideration in all actions
concerning them, whether undertaken by public or private social welfare
institutions, courts of law, administrative authorities, and legislative bodies,
consistent with the principle of First Call for Children as enunciated in the United
Nations Convention on the Rights of the Child. Every effort shall be exerted to
promote the welfare of children and enhance their opportunities foe a useful and
happy life. [Emphasis added]
[Article XV 1987 Constitution] Section 3. The State shall defend:
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents