Author Topic: Quimvel vs. People of the Philippines (Read 611 times)

MikeLigalig.com · « **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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MikeLigalig.com · « **Reply #1 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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