SC issues guidelines on prosecuting child abuse, lascivious conduct

The Supreme Court on Monday clarified the proper application of lascivious conduct under Republic Act No. 7610, distinguishing it from acts of lasciviousness under the Revised Penal Code.

In a decision penned by Associate Justice Henri Jean Paul Inting, the Court laid down guidelines to ensure consistent prosecution of cases involving minors.

The ruling stemmed from consolidated cases involving three minors identified as AAA, BBB, and CCC.

AAA and BBB, both minors and reportedly addicted to illegal drugs, were sexually exploited by Jeffrey L. Gramatica in exchange for shabu. Gramatica was convicted under Section 5(b) of RA 7610, which penalizes lascivious conduct committed against children exploited in prostitution or other forms of sexual abuse.

In a separate case, CCC, 17, was allegedly abused by her grandfather, identified as XXX266039, who touched her while she was asleep. The Court downgraded his conviction from RA 7610 to acts of lasciviousness under Article 336 of the Revised Penal Code, ruling that Section 5(b) applies only to minors subjected to sexual exploitation or abuse, not to unconscious victims.

The Court outlined key distinctions in applying the law:

RA 7610 applies to minors aged 16 to below 18 who are subjected to sexual abuse or exploitation, including those involved in prostitution.

Consent is considered invalid when obtained through coercion, influence, or exploitation, and does not exempt offenders from liability under RA 7610.

Cases involving force, intimidation, fraud, unconsciousness, or abuse of authority fall under the Revised Penal Code, not RA 7610.

Victims below 12, or those under 16 not covered by Section 5(b), are prosecuted under rape or other relevant provisions of the Revised Penal Code.

The Court affirmed Gramatica’s conviction under RA 7610, sentencing him to up to 17 years, four months, and one day in prison, along with P150,000 in civil indemnity and damages and a P15,000 fine.

Meanwhile, XXX266039 was sentenced to six years in prison and ordered to pay P450,000 in civil damages under the Revised Penal Code.

The Court also urged lawmakers to review existing laws, noting that current provisions may result in lighter penalties for serious offenses against minors.

In his concurring opinion, Senior Associate Justice Marvic Leonen emphasized that sexual acts involving minors in prostitution or abuse inherently involve coercion, highlighting the limited scope of RA 7610.

Associate Justice Alfredo Benjamin Caguioa agreed with the ruling, noting that RA 7610 and the Revised Penal Code apply to different circumstances and that not all cases of child sexual abuse fall under RA 7610.

He also said deterrence is better achieved through certainty of punishment rather than longer prison terms, which may contribute to jail congestion.

Associate Justice Rodil Zalameda, in a separate concurring opinion, likewise underscored that Section 5(b) specifically protects children exploited in prostitution or subjected to sexual abuse.

The ruling aims to guide prosecutors in properly distinguishing between cases covered by RA 7610 and those falling under the Revised Penal Code, strengthening legal protection for minors.