People v. Olayon

PEOPLE V. OLAYON G.R. No. 171863; August 20, 2008.

FACTS: -

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Gaspar Olayon, who was then 22-years-old at the time, was charged with violation of Section 10 (a) of RA 7610 in two separate informations where he allegedly: o Had sexual intercourse with and commit lewd and lascivious acts upon a 14year-old minor at 10am of January 27, 1997 o And the same offense at 2pm on the same day. He was also charged with acts of lasciviousness with the same 14-year-old victim. The 3 cases were jointly tried. After trial, Branch 158 acquitted him for acts of lasciviousness. However, he was convicted for violating Section 10 (a) of RA 7610. The trial court said, that even if it has been alleged that the accused and the victim were sweethearts and could conclude that the sexual intercourse was consensual, consent is not an accepted defense in a special law. He was given a penalty of 6 years, 8 months, and 1 day to 7 years and 4 months of prision mayor for each count. The Court of Appeals reversed the ruling of the trial court saying that consensual sexual intercourse between Olayon and the minor did not fall under sexual abuse under Section 5 of RA 7610 which is a completely distinct and separate offense from child abuse under Section 10. Hence the present petition for certiorari.

Issue: Did the CA commit grave abuse of discretion in acquitting Olayon? Ruling: The petition is denied. -

The record shows that the acts did not constitute rape as they were with the consent of the 14-year-old child. However, they were found to be punishable under Section 10 of RA 7610 which reads: Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child’s Development – (a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or be responsible for other conditions prejudicial to the child’s development including those covered by Article 59 of Presidential Decree No. 603, as amended, but not covered by the RPC, as amended, shall suffer the penalty of prision mayor in its minimum period.

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However, consensual sexual intercourse or even acts of lasciviousness with a minor who is 12 years or older could constitute a violation of Section 5 (b) of RA 7610. For Section 5 (b) punishes sexual intercourse or acts of lasciviousness conduct not only with a child exploited in prostitution but also with a child subjected to sexual abuse. Section 5 (b) of RA 7610 reads:

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. The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: (b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse; Provided, That when the victims 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; and -

Even if respondent were charged under Section 5, he would just the same have been acquitted as there was no allegation that an element of the offense – coercion or influence or intimidation – attended its commission.