SC draws hard lines against lascivious crimes

The Supreme Court of the Philippines has drawn sharper legal boundaries between child sexual exploitation under Republic Act 7610 and acts of lasciviousness under the Revised Penal Code, exposing gaps that could weaken prosecution in certain abuse cases.

In a decision penned by Associate Justice Henri Jean Paul Inting, the Court clarified when prosecutors should file charges under the Special Protection of Children Against Abuse, Exploitation, and Discrimination Act and when to revert to provisions of the Revised Penal Code.

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

Court records showed that BBB, 14, and AAA, both addicted to illegal drugs, were sexually exploited by one Jeffrey Gramatica in exchange for shabu. The Court upheld Gramatica’s conviction under Section 5(b) of RA 7610, which penalizes lascivious conduct involving minors exploited in prostitution or similar abuse.

In contrast, the Court downgraded the conviction of another accused, identified as XXX, who molested his 17-year-old granddaughter while she slept.

The justices ruled that the act fell outside of RA 7610’s scope and instead constituted acts of lasciviousness under the Revised Penal Code, as the victim was unconscious and not shown to have been exploited in prostitution or similar abuse.

The distinction, the Court said, is critical.