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101
Philippine Laws / Requisites of Intimidation
« on: February 25, 2020, 07:41:28 AM »
(1) that the intimidation caused the consent to be given; (2) that the threatened act be unjust or unlawful; (3) that the threat be real or serious, there being evident disproportion between the evil and the resistance which all men can offer, leading to the choice of doing the act which is forced on the person to do as the lesser evil; and (4) that it produces a well-grounded fear from the fact that the person from whom it comes has the necessary means or ability to inflict the threatened injury to his person or property x
Source: SC Decision

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102
Philippine Laws / When Coercion Exists
« on: February 25, 2020, 07:40:08 AM »
Coercion exists when there is a reasonable or well-grounded fear of an imminent evil upon a person or his property or upon the person or property of his spouse, descendants or ascendants

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103
Philippine Laws / People vs Arrojado
« on: February 25, 2020, 07:31:30 AM »
On point is People v. Arrojado where it was held that the failure of a lawyer to indicate in his or her pleadings the number and date of issue of his or her MCLE Certificate of Compliance will no longer result in the dismissal of the case.
Source: SC Decision

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104
Philippine Laws / Xerox copy vs true copy vs certified true copy
« on: February 25, 2020, 07:30:01 AM »
The problem presented is not novel. In fact, it is a fairly recurrent one in petitions for certiorari of NLRC decisions as it seems to be the practice of the NLRC to issue certified "xerox copies" only instead of certified "true copies." We have, however, put an end to this issue in Quintano v. NLRC when we declared that there is no substantial distinction between a photocopy or a "Xerox copy" and a "true copy" for as long as the photocopy is certified by the proper officer of the court, tribunal, agency or office involved or his duly-authorized representative and that the same is a faithful reproduction of the original.
Source: Supreme Court Decision

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105
Philippine Laws / rapists are not deterred by the presence of people nearby
« on: February 25, 2020, 07:01:54 AM »
the CA aptly stressed that rapists are not deterred by the presence of people nearby, such as members of their own family, inside the same room, considering that lust respects no time, place or circumstance. Neither the smallness of the room, nor the presence of other people therein, nor the high risk of being caught, has been held efficient to deter the commission of rape.
Source: Supreme Court Decision

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106
Philippine Laws / Proof of hymenal laceration is not an element of rape
« on: February 25, 2020, 07:00:02 AM »
As held in People v. Pangilinan[46] "[p]roof of hymenal laceration is not an element of rape. An intact hymen does not negate a finding that the victim was raped. Penetration of the penis by entry into the lips of the vagina, even without laceration of the hymen, is enough to constitute rape, and even the briefest of contact is deemed rape."
SOURCE: SUPREME COURT DECISION

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107
Philippine Laws / Delay in Reporting Sexual Abuse
« on: February 25, 2020, 06:56:49 AM »
It has been held that delay in the reporting of sexual abuse does not imply that the charge was not true, as the victim may prefer to bear the ignominy of pain in silence rather than reveal her harrowing experience and expose her shame to the world. Such delay is not unusual, especially when the victim is a minor.
Source: Phil Supreme Court Decision

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108
Philippine Laws / Two Elements of Statutory Rape
« on: February 25, 2020, 06:47:37 AM »
Two elements must be established to hold the accused guilty of statutory rape, namely: (1) that the accused had carnal knowledge of a woman; and (2) that the woman is below twelve years of age or demented. Proof of force, intimidation and consent is unnecessary, since none of these is an element of statutory rape as the only subject of inquiry is the age of the woman and whether carnal knowledge took place.[35] Here, the prosecution has proved beyond reasonable doubt the said two elements, as well as the victim's relationship with the offender.
SOURCE: SUPREME COURT DECISION

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109
Intentional touching, either directly or through clothing, of the genitalia of any person, with intent to abuse or gratify sexual desire falls under the definition of "lascivious conduct"[29] under Section 2 (h) of the rules and regulations of R.A. No. 7610. As such, Aycardo's act of touching AAA's vagina after forcibly removing her shorts and panties, and trying to insert his finger into it, satisfies the first element of acts of lasciviousness under Article 336 of the RPC, in relation to Section 5(b) of R.A. No. 7610.
SOURCE: SUPREME COURT DECISION, An Excerpt

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110
Elements of sexual abuse under Section 5, Article III of R.A. No. 7610 must be established:
1. The accused commits the act of sexual intercourse or lascivious conduct.

2. The said act is performed with a child exploited in prostitution or subjected to other sexual abuse.

3. The child, whether male or female, is below 18 years of age.

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111
Continuation:
(1)
That the offender commits any act of lasciviousness or lewdness;
(2)
That it is done under any of the following circumstances:
a.
By using force or intimidation; or
b.
When the offended party is deprived of reason or otherwise unconscious; or
c.
When the offended party is under 12 years of age; and
(3)
That the offended party is another person of either sex.

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112
To be sure, Article III of R.A. No. 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, hence, the law covers not only child prostitution but also other forms of sexual abuse.[26]

However, before an accused can be convicted of child abuse through lascivious conduct committed against a minor below 12 years of age, the requisites for acts of lasciviousness under Article 336 of the RPC must be met in addition to the requisites for sexual abuse under Section 5 of R.A. No. 7610.[27] Acts of Lasciviousness, as defined in Article 336 of the RPC, has the following elements:
- SC Decision

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113
Philippine Laws / Re: Quimvel vs. People of the Philippines
« on: February 25, 2020, 06:36:48 AM »
Moreover, it is inconsequential that the sexual abuse occurred only once. As stressed in Quimvel, the very definition of "child abuse" under Section 3(b) of R.A. No. 7610 does not require that the victim suffer a separate and distinct act of sexual abuse aside from the act complained of, for it refers to the maltreatment, whether habitual or not, of the child. Thus, a violation of Section 5(b) of the same law occurs even though the accused committed sexual abuse against the child victim only once, even without a prior sexual affront.[25]

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114
Philippine Laws / Quimvel vs. People of the Philippines
« on: February 25, 2020, 06:35:47 AM »
In Quimvel vs. People of the Philippines[23] (Quimvel), the Court held that it is immaterial whether or not the accused himself employed the coercion or influence to subdue the will of the child for the latter to submit to his sexual advances for him to be convicted under Section 5(b) of R.A. No. 7610. The first paragraph of Section 5 thereof even provides that the offense can be committed by "any adult, syndicate or group," without qualification. The clear language of the law does not preclude the prosecution of lascivious conduct performed by the same person who subdued the child through coercion or influence.[24]
Source: Supreme Court Decision

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115
Section 5 (b), Article III of R.A. No. 7610 punishes sexual intercourse or lascivious conduct not only with a child exploited in prostitution, but also with a child subjected to other sexual abuses.[21] It covers not only a situation where a child is abused for profit, but also where one — through coercion, intimidation or influence — engages in sexual intercourse or lascivious conduct with a child. Thus, a child is deemed subjected to other sexual abuse when he or she indulges in lascivious conduct under the coercion or influence of any adult.
Source: Excerpt from an SC Decision

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116
Philippine Laws / Section 5 (b), Article III of R.A. No. 7610
« on: February 25, 2020, 06:29:23 AM »
Section 5 (b), Article III of R.A. No. 7610, as follows:[20]
Section 5. Child Prostitution and Other Sexual Abuse. - Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.

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117
Philippine Laws / Still Liable for Crime of Acts of Lasciviousness
« on: February 25, 2020, 06:27:24 AM »
In People v. Bon,[17] the Court ruled that even if the statutory rape charge against the accused was not proved beyond reasonable doubt, he can still be held liable for the crime of acts of lasciviousness, as defined and penalized under Article 336 of the RPC, in relation to R.A. No. 7610, since all the elements of this offense were established. It cannot, therefore, be successfully argued that the accused's constitutionally-protected right to be informed of the nature and cause of the accusation against him was violated when he was found guilty under Section 5 of R.A. No. 7610.[18]
Source: SC Decision


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118
Philippine Laws / RA 7610 When the victim is under 12 years old
« on: February 25, 2020, 06:25:23 AM »
In Navarrete v. People,[15] the Court noted that, under Section 5(b), Article III of Republic Act (R.A.) No. 7610,[16] when the victim is under 12 years old, the accused shall be prosecuted under either Article 335 (for rape) or Article 336 (for acts of lasciviousness) of the RPC. Accordingly, although an accused is charged in the information with the crime of statutory rape (i.e., carnal knowledge of a woman under twelve years of age), the offender can be convicted of the lesser crime of acts of lasciviousness, which is included in rape.

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119
Philippine Laws / SECTION 5, Rule 120 on Rules on Criminal Procedure
« on: February 25, 2020, 06:23:45 AM »
SECTION 5, Rule 120 on Rules on Criminal Procedure
When an offense includes or is included in another. - An offense charged necessarily includes the offense proved when some of the essential elements or ingredients of the former, as alleged in the complaint or information, constitute the latter. And an offense charged is necessarily included in the offense proved, when the essential ingredients of the former continue or form part of those constituting the latter.

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120
Philippine Laws / SECTION 4. Rule 120 on Rules on Criminal Procedure
« on: February 25, 2020, 06:22:10 AM »
SECTION 4. Rule 120 on Rules on Criminal Procedure
Judgment in case of variance between allegation and proof. - When there is variance between the offense charged in the complaint or information and that proved, and the offense as charged is included in or necessarily includes the offense proved, the accused shall be convicted of the offense proved which is included in the offense charged, or of the offense charged which is included in the offense proved.

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