Decision
G.R. No. 234841
- 12 -
A:
Gaano katagal niya ginawa iyon?
Mga five (5) minutes po.
Q:
A:
Five (5) minutes na labas masok yung daliri niya?
Opo.
Q:
A:
Ano ang ginawa mo nung ginagawa niya iyon?
Nasasaktan po, tapos hinawakan ko po yung kamay niya tapos
tinulak ko po, tapos [bumaba] na po ako, tapos nag-almusal.
Q:
A:
So after five (5) minutes pumiglas ka at tumayo ka na?
Opo.
Q:
A:
Tapos nag-almusal ka na?
Opo.
Q:
A:
Iniwan mo siya doon sa taas dahil bumaba ka na?
Opo. 29 (Emphasis ours.)
Q:
It is clear from the foregoing account that Manuel molested his
daughter, AAA, and even threatened to kill her should she tell anyone about
the incident. These acts constitute sexual abuse and lascivious conduct as
defined in the rules and regulations of R.A. No. 7610, known as the Rules
and Regulations on the Reporting and Investigation of Child Abuse Cases,
which pertinently provide:
Section 2. Definition of Terms. the context requires otherwise -
As used in these Rules, unless
xxxx
(g) "Sexual abuse" includes the employment, use, persuas10n,
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;
h) "Lascivious conduct" means the intentional touching, either
directly or through clothing, of the genitalia, anus, groin, breast, inner
thigh, or buttocks, or the introduction of any object into the genitalia, anus
or mouth, of any person, whether of the same or opposite sex, with an
intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual
desire of any person, bestiality, masturbation, lascivious exhibition of the
genitals or pubic area of a person[.]
Second, in Quimvel, 30 we ruled that "'force and intimidation' is said to
be subsumed under 'coercion and influence' and such tenns are even used
synonymously.
This can be gleaned from Black's Law Dictionary
definitions of 'coercion' as 'compulsion; force; duress,' of 'influence' as
'persuasion carried over to the point of overpowering the will,' and of
'force' as 'constraining power, compulsion; strength directed to an end'; as
29
30
Rollo, pp. 44-47.
Supra note 27.