SECOND DIVISION
G.R. No. 198732, June 10, 2013
CHRISTIAN CABALLO, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
D E C I S I O N
PERLAS-BERNABE, J.:
That undersigned Second Assistant City Prosecutor hereby accuses Christian Caballo of the crime of Violation of Section 10 (a) of Republic Act No. 7610, committed as follows:cralavvonlinelawlibrary
That in or about the last week of March 1998, and on different dates subsequent thereto, until June 1998, in the City of Surigao, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, a 23 year old man, in utter disregard of the prohibition of the provisions of Republic Act No. 7610 and taking advantage of the innocence and lack of [worldly] experience of AAA who was only 17 years old at that time, having been born on November 3, 1980, did then and there wilfully, unlawfully and feloniously commit sexual abuse upon said AAA, by persuading and inducing the latter to have sexual intercourse with him, which ultimately resulted to her untimely pregnancy and delivery of a baby on March 8, 1999, a condition prejudicial to her development, to the damage and prejudice of AAA in such amount as may be allowed by law.
CONTRARY TO LAW.
Surigao City, Philippines, May 28, 1999.
(b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subject to other sexual abuse; Provided, That when the victim is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3 for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be; Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period x x x x (Emphasis and underscoring supplied)
(a) The accused commits the act of sexual intercourse or lascivious conduct;chanroblesvirtualawlibrary
(b) The said act is performed with a child exploited in prostitution or subjected to other sexual abuse; and
(c) The child, whether male or female, is below 18 years of age.
The second element, i.e., that the act is performed with a child exploited in prostitution or subjected to other sexual abuse, is likewise present. As succinctly explained in People v. Larin:cralavvonlinelawlibraryA child is deemed exploited in prostitution or subjected to other sexual abuse, when the child indulges in sexual intercourse or lascivious conduct (a) for money, profit, or any other consideration; or (b) under the coercion or influence of any adult, syndicate or group...
It must be noted that the law covers not only a situation in which a child is abused for profit, but also one in which a child, through coercion or intimidation, engages in lascivious conduct.
We reiterated this ruling in Amployo v. People:cralavvonlinelawlibrary... As we observed in People v. Larin, Section 5 of Rep. Act No. 7610 does not merely cover a situation of a child being abused for profit, but also one in which a child engages in any lascivious conduct through coercion or intimidation...Thus, a child is deemed subjected to other sexual abuse when the child indulges in lascivious conduct under the coercion or influence of any adult. In this case, Cristina was sexually abused because she was coerced or intimidated by petitioner to indulge in a lascivious conduct. Furthermore, it is inconsequential that the sexual abuse occurred only once. As expressly provided in Section 3(b) of R.A. 7610, the abuse may be habitual or not. It must be observed that Article III of R.A. 7610 is captioned as "Child Prostitution and Other Sexual Abuse" because Congress really intended to cover a situation where the minor may have been coerced or intimidated into lascivious conduct, not necessarily for money or profit. The law covers not only child prostitution but also other forms of sexual abuse. This is clear from the deliberations of the Senate:cralavvonlinelawlibrarySenator Angara. I refer to line 9, ‘who for money or profit.’ I would like to amend this, Mr. President, to cover a situation where the minor may have been coerced or intimidated into this lascivious conduct, not necessarily for money or profit, so that we can cover those situations and not leave loophole in this section.
The proposal I have is something like this: WHO FOR MONEY, PROFIT, OR ANY OTHER CONSIDERATION OR DUE TO THE COERCION OR INFLUENCE OF ANY ADULT, SYNDICATE OR GROUP INDULGE, et cetera.
The President Pro Tempore. I see. That would mean also changing the subtitle of Section 4. Will it no longer be child prostitution?
Senator Angara. No, no. Not necessarily, Mr. President, because we are still talking of the child who is being misused for sexual purposes either for money or for consideration. What I am trying to cover is the other consideration. Because, here, it is limited only to the child being abused or misused for sexual purposes, only for money or profit.
I am contending, Mr. President, that there may be situations where the child may not have been used for profit or ...
The President Pro Tempore. So, it is no longer prostitution. Because the essence of prostitution is profit.
Senator Angara. Well, the Gentleman is right. Maybe the heading ought to be expanded. But, still, the President will agree that that is a form or manner of child abuse.
The President Pro Tempore. What does the Sponsor say? Will the Gentleman kindly restate the amendment?ANGARA AMENDMENT
Senator Angara. The new section will read something like this, Mr. President: MINORS, WHETHER MALE OR FEMALE, WHO FOR MONEY, PROFIT, OR ANY OTHER CONSIDERATION OR INFLUENCE OF ANY ADULT, SYNDICATE OR GROUP INDULGE IN SEXUAL INTERCOURSE, et cetera.
Senator Lina. It is accepted, Mr. President.
The President Pro Tempore. Is there any objection? [Silence] Hearing none, the amendment is approved.
How about the title, ‘Child Prostitution,’ shall we change that too?
Senator Angara. Yes, Mr. President, to cover the expanded scope.
The President Pro Tempore. Is that not what we would call probable ‘child abuse’?
Senator Angara. Yes, Mr. President.
The President Pro Tempore. Subject to rewording. Is there any objection? [Silence] Hearing none, the amendment is approved. (Emphasis and underscoring supplied)
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.
For purposes of sexual intercourse and lascivious conduct in child abuse cases under RA 7610, the sweetheart defense is unacceptable. A child exploited in prostitution or subjected to other sexual abuse cannot validly give consent to sexual intercourse with another person.
The language of the law is clear: it seeks to punish "[t]hose who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse."
Unlike rape, therefore, consent is immaterial in cases involving violation of Section 5, Article III of RA 7610. The mere act of having sexual intercourse or committing lascivious conduct with a child who is exploited in prostitution or subjected to sexual abuse constitutes the offense. It is a malum prohibitum, an evil that is proscribed.
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. x x x x32 (Emphasis and underscoring supplied; citations omitted)
Endnotes:
* Designated Acting Chairperson in lieu of Justice Antonio T. Carpio per Special Order No. 1460 dated May 29, 2013.cralawlibrary
** Designated Acting Member per Special Order No. 1461 dated May 29, 2013.cralawlibrary
1Rollo, pp. 8-27.cralawlibrary
2 Id. at 30-45. Penned by Associate Justice Nina G. Antonio-Valenzuela, with Associate Justices Edgardo A. Camello and Leoncia R. Dimagiba, concurring.cralawlibrary
3 Id. at 46-47. Penned by Associate Justice Edgardo A. Camello, with Associate Justices Melchor Quirino C. Sadang and Zenaida Galapate Laguilles. concurring.cralawlibrary
4 "AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES."
5Rollo, pp. 31-32.That undersigned Second Assistant City Prosecutor hereby accuses Christian Caballo of the crime of Violation of Section 10 (a) of Republic Act No. 7610, committed as follows:cralavvonlinelawlibrary6 Pursuant to Republic Act No. 9262, otherwise known as the "Anti-Violence Against Women and Their Children Act of 2004," and its implementing rules, the real name of the victim, together with the names of her immediate family members, is withheld, and fictitious initials instead are used to represent her, to protect her privacy. See People v. Cabalquinto, 533 Phil. 703, 705-709 (2006).cralawlibrary
That in or about the last week of March 1998, and on different dates subsequent thereto, in the City of Surigao, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, a 23 year old man, in utter disregard of the prohibition of the provisions of Republic Act No. 7610 and taking advantage of the innocence and lack of [worldly] experience of AAA who was only 17 years old at that time, did then and there wilfully, unlawfully and feloniously commit sexual abuse upon said AAA, by persuading and inducing the latter to have sexual intercourse with him, which ultimately resulted to her untimely pregnancy, a condition prejudicial to her development, to the damage and prejudice of AAA in such amount as may be allowed by law.
CONTRARY TO LAW.
Surigao City, Philippines, March 16, 1999.
7Rollo, p. 32.cralawlibrary
8 Id. at 33.cralawlibrary
9 Id. at 33.cralawlibrary
10 Id. at 34-35.cralawlibrary
11 Id. at 35-36
12 Id. at 33-36.cralawlibrary
14 Id. at 31.cralawlibrary
15 Id. at 30-45.cralawlibrary
16 Id. at 40.cralawlibrary
17 Id. at 41-43.cralawlibrary
18 Id. at 44.cralawlibrary
19 Id. at 46-47.cralawlibrary
20 Id. at 58-76.cralawlibrary
21 G.R. No. 164733, September 21, 2007, 533 SCRA 643, 653-668.cralawlibrary
22 G.R. No. 163866, July 29, 2005, 465 SCRA 465, 473.cralawlibrary
23 Section 2, Article I of RA 7610 provides in part:cralavvonlinelawlibrarySEC. 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; 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.24 Section 2, Article I of RA 7610 provides in part:cralavvonlinelawlibrary
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.
Section 2. Declaration of State Policy and Principles. – x x x xThe 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 of the Rights of the Child. Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life. (Emphasis supplied)25 Supra note 22, at 474-476.cralawlibrary
26 G.R. No. 128777, October 7, 1998, 297 SCRA 309, 319-320.cralawlibrary
27 G.R. No. 157718, April 26, 2005, 457 SCRA 282, 295.cralawlibrary
28People v. Abello, G.R. No. 151952, 25 March 2009, 582 SCRA 378, 395.cralawlibrary
29 The Law Dictionary (visited May 27, 2013)
30 The Law Dictionary, 2nd Ed. (visited May 27, 2013)
31 Section 3 of RA 7610 provides:cralavvonlinelawlibrary
SEC. 3. Definition of Terms. –
(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition x x x x (Emphasis supplied)
32Malto v. People, supra note 21, at 661-663. (Citation omitted)