will. Corollary thereto, Section 2(g) of the Rules on Child Abuse Cases conveys that
sexual abuse involves the element of influence which manifests in a variety of
forms. It is defined as:
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.
To note, the term "influence" means the "improper use of power or trust in
any way that deprives a person of free will and substitutes another's
objective." Meanwhile, "coercion" is the "improper use of x x x power to
compel another to submit to the wishes of one who wields it." (emphasis
added)
With the foregoing, the Court need not burden itself with nitpicking and splitting
hairs by making a distinction between these similar, if not identical, words
employed, and make a mountain out of a mole hill.
It is not necessary that the description of the crime, as worded in the penal
provision allegedly violated, be reproduced verbatim in the accusatory portion of
the Information before the accused can be convicted thereunder. Sec. 9, Rule 110
of the Rules of Court is relevant on this point:
Section 9. Cause of the accusation. - The acts or omissions complained of as
constituting the offense and the qualifying and aggravating circumstances must
be stated in ordinary and concise language and not necessarily in the
language used in the statute but in terms sufficient to enable a person of
common understanding to know what offense is being charged as well as its
qualifying and aggravating circumstances and for the court to pronounce judgment.
The Court has held in a catena of cases[31] that the rule is satisfied when the crime
"is described in intelligible terms with such particularity as to apprise the accused,
with reasonable certainty, of the offense charged." Furthermore, "[t]he use of
derivatives or synonyms or allegations of basic facts constituting the
offense charged is sufficient." Hence, the exact phrase "exploited in prostitution
or subjected to other abuse" need not be mentioned in the Information. Even the
words "coercion or influence" need not specifically appear.
Thus, the Court, in Olivarez v. Court of Appeals,[32] has similarly sustained the
conviction of therein petitioner Isidro Olivarez (Olivarez) for violating Sec. 5, RA
7610. The Information indicting Olivarez of the offense read:
The undersigned 4th Assistant Provincial Prosecution (sic) of Laguna upon a sworn
complaint filed by the private complainant, [AAA], hereby accuses ISIDRO
OLIVAREZ of the crime of VIOLATION OF RA 7610, committed as follows: