Rape and Other Crimes Involving Sexual Abuse - Report PDF

THE PHILIPPINE
CRIMINAL LAW ON
Rape
and other crimes involving
sexual assault, abuse and
CRIMINAL LAW 2 harassment
PROF. DAN CALICA
UP COLLEGE OF LAW
Report by Kat Aguilar and Shella Landayan
I – BGC Evening 2023
Part I
Throughout our recorded history, rape has

been invariably regarded with unmitigated
Rape is a heinous crime. odium, and meted the highest penalties
allowed in our statute books.
(People v. Rondina, 737 PHIL 410-440)
Republic Act No. 8353
The Anti-Rape Law of 1997
An Act Expanding the Definition of the Crime of Rape
and Reclassifying the same as Crimes Against Persons
R.A. No. 8353 took effect on October 22, 1997.
The amendments removed certain aspects of the law prejudicial to

women and which posed barriers to prosecution. These changes
addressed the plight of rape victims and survivors who, despite their
tragedy, had to undergo the strict requirements of
prosecution; for R.A. No. 8353 was "borne out of the seeds of tragedy
of the women victims of violence." It was drawn from the richness of
experience and collective consciousness of other women who have
responded to the phenomenon of gender violence.
(People v. Dulay y Corona, 434 PHIL 354-388)
Art. 266-A, RPC
Rape; When and How Committed. — Rape is committed —
(1) By a man who shall have carnal knowledge of a woman under
any of the following circumstances:
(a) Through force, threat, or intimidation;
(b) When the offended party is deprived of reason or
otherwise unconscious;
(c) By means of fraudulent machination or grave abuse of
authority; and
(d) When the offended party is under twelve (12) years of age
or is demented, even though none of the circumstances
mentioned above be present.
Art. 266-A, RPC
(2) By any person who, under any of the circumstances
mentioned in paragraph 1 hereof, shall commit an
act of sexual assault by inserting his penis into
another person's mouth or anal orifice, or any
instrument or object, into the genital or anal orifice
of another person.
Elements:
FIRST MODE 1. Offender is a man
Rape by sexual intercourse 2. Offender had carnal knowledge
of a woman
3. Such act is accomplished under
• Traditional concept of rape, committed
through sexual intercourse without any of the ff. circumstances:
consent of the woman a. By using force, threat or
intimidation
• Punished as a crime against chastity under b. When the woman is
Art. 335 RPC, prior to amendment deprived of reason or
otherwise unconscious
c. By means of fraudulent
machination or grave
abuse of authority
d. When the woman is under
12 years of age or
demented
Elements:
SECOND MODE 1. Offender commits an act of sexual
Rape through sexual assault 2.
assault;
The act of sexual assault is
committed by any of the ff. means:
• ‘Degenderizes’ the crime of rape a. By inserting his penis into
• Also punishes forcible sexual acts which another
do not involve intercourse or carnal person’s mouth or anal orifice;
knowledge b. By inserting any instrument or
• Acts may also be considered as against the object into the genital or anal
dignity and person of the victim orifice of another person.
c. That the act of sexual assault is
• Commission under the second mode was not accomplished under any of the
punishable as rape in the old rape law. circumstances enumerated
under the first act of committing
rape.
Modes of Commission
Article 266-A, RPC
1. Rape by sexual intercourse
a. Offended party is always a woman.
b. Offender is always a man.
2. Rape through Sexual assault
a. Rape can now be committed by a man
or a woman, that is, if a woman or a
man uses an instrument on anal
orifice of male, she or he can be liable
for rape.
b. Inserting a finger inside the genital of
a woman is rape through sexual
assault within the context of ‘object’.
Art. 335
Old Anti-Rape Law R.A. 8353
Classification Crimes against chastity Crimes against persons
Sex of the Under 2nd mode of commission,
Committed by a man against a
offender and sexual assault may be committed
woman
the victim by any person against any person
Private: Complaint must be filed by
the woman or her parents,
Filing of May be prosecuted even if the
grandparents, or guardian, if the
complaint woman does not file a complaint
woman was a minor or
incapacitated
Extinguishes the penal action only
Marriage of the Benefits not only the principal but as to the principal (the person who
victim with also the accomplices and married the victim), and cannot be
offender accessories extended to co-principals in case
of multiple rape
Marital rape Not recognized Recognized
• Rape committed with the use of deadly weapon
• Rape committed by two or more persons
• By reason or on occasion of rape, victim becomes insane
• Rape is attempted and a homicide is committed by reason
or on occasion thereof
• Homicide is committed by reason or on occasion of the
rape
Penalty shall be reclusion perpetua.

Article 266-B, RPC
1. If the victim:
a. Is under 18 yrs. old, & the offender is a
parent, ascendant, step-parent,
guardian, relative by consanguinity or
affinity w/in the 3rd civil degree, or the
Aggravating/Qualifying common law spouse of the parent of
the victim
Circumstances b. Is under the custody of the police /
military authorities / law enforcement
agency
Penalty is reclusion perpetua. c. Is a religious and such legitimate
vocation is known by the offender
before or at the time of rape
Article 266-B, RPC d. is a child below 7 yrs. old;
e. suffered permanent or physical
mutilation or disability by reason or on
the occasion of rape
2. If the offender:
a. is afflicted with a sexually
transmissible disease & the virus /
disease is transmitted to the victim;
b. is a member of the AFP / PNP /
any law enforcement agency / penal
Aggravating/Qualifying institution, & took advantage of his
position;
Circumstances c. knew of the pregnancy of the
Article 266-B, RPC offended party at the time of the
commission of rape;
d. knew of the mental disability,
emotional disorder, & / or physical
handicap of the offended party at
the time of the commission of rape
3. If rape is committed in
full view of the spouse,
Aggravating/Qualifying parent, any of the
children, or other
Circumstances relatives within the 3rd
Article 266-B, RPC civil degree of
consanguinity
The subsequent valid marriage between
the offender and the offended party shall
extinguish the criminal action or the
penalty imposed.
In case it is the legal husband who is the

Effect of Pardon offender, the subsequent forgiveness by
Article 266-C, RPC the wife as the offended party shall
extinguish the criminal action or the
penalty: Provided, That the crime shall not
be extinguished or the penalty shall not be
abated if the marriage is void ab initio.
Any physical overt act manifesting
resistance against the act of rape in
any degree from the offended party,
or where the offended party is so
Presumptions situated as to render her/him
incapable of giving valid consent,
Article 266-D, RPC may be accepted as evidence in the
prosecution of the acts punished
under Article 266-A.
Under Sec. 5 (b), RA 7610 (Anti-Child Abuse Act) in
relation to RA 8353, if the victim of sexual abuse is below
12 years of age, the offender should not be prosecuted for
sexual abuse but for statutory rape under Art. 266-A (1)(d)
of the RPC and penalized with reclusion perpetua.
If the victim is 12 years or older, offender should be charged

with either sexual abuse under Sec. 5(b) of RA 7610 or rape
Laws under which rape under 266-A (except 1[d]). However the offender cannot be
accused of both crimes for the same act because his right
against double jeopardy will be prejudiced. A person cannot
should be prosecuted be subjected twice to criminal liability for the same criminal
act.
Rape cannot be complexed with a violation of Sec. 5(b) of

RA 7610.
Under Art. 48 of the RPC, a felony under the RPC cannot
be complexed with an offense penalized by a special law.
People vs. Hernandez
G.R. No. L-23916 October 14, 1925
FACTS:
▪ Accused: Domingo Hernandez, 70 years old.
▪ Offended party: Conrada Jocson, a 9-yrd old. ISSUE:
▪ Findings of the physician who examined the
victim: labia and opening of the vagina Whether or not there can be
inflamed together with an abundance of
semen. Hymen was intact.
consummated rape without a
▪ Trial court only convicted Hernandez of complete penetration of the
frustrated rape because there was no rupture
of the hymen.
hymen - YES
People vs. Hernandez
G.R. No. L-23916 October 14, 1925
• State vs. Johnson:

YES. Rape can also be Finding the hymen intact is not always proof that no rape has been
committed, nor virginity. Any penetration, whether reaching to the hymen
consummated without or not, is sufficient to constitute the crime. It is not necessary to show to
what extent penetration of the parts has taken place; whether it has
complete penetration of gone past the hymen, into what is anatomically called the hymen, or
even so far as to touch the hymen. (Stewart on Legal Medicine, p. 137.)
the hymen. • People vs. Rivers:
The law may now indeed be considered as settled that while the rupturing
of the hymen is not indispensable to a conviction, there must be proof of
some degree of entrance of the male organ “within the labia of
pudendum.”
Held • As Hernandez succeeded in a partial penetration, the crime must be

regarded as consummated.
People vs. Erinia
G.R. No. L-26298 January 20, 1927
FACTS:
▪ Erinia was convicted of consummated rape.
▪ The victim of the crime was a child of 3 years and 11
months old.
ISSUE:
▪ There is doubt whether he succeeded in
penetrating the vagina before the timely
intervention of the mother and the sister of the child. Whether or not the
▪ The physician who examined the genital organ of the impossibility of penetration
child a few hours after the commission of the crime
found a slight inflammation of the exterior parts of does not consummate the
the organ, indicating that an effort had been made to
enter the vagina. crime of rape
▪ The mother of the child testified that she found its
genital organ covered with a sticky substance, but
that cannot be considered conclusive evidence of
penetration.
People vs. Erinia
G.R. No. L-26298 January 20, 1927
• The court did not agree that penetration was impossible, and therefore
No. Complete cannot be consummated, simply because the child was of such tender age.
While it is probably true that a complete penetration was impossible, such
penetration is not complete penetration is not essential to the commission of the crime.
Penetration of the labia is sufficient for it to be committed.
essential to the
• The defendant was found guilty of consummated rape in the case of Kenny
commission of the v. State: The offended party was a child of 3 years and 8 months. Several
crime. physicians testified that the labia of a child of that age can be entered by a
male organ to the hymen.
• However, since there is no conclusive evidence of penetration of the
genital organ of the victim, Erinia is entitled to the benefit of the doubt
Held
and can only be found guilty of frustrated rape. The court also held that
the sticky substance cannot be considered conclusive evidence of
penetration.
People vs. Orita
G.R. No. L-26298 January 20, 1927
FACTS:
▪ Lito Orita held and poked a knife at Cristina
Abayan while the latter was knocking at the door
of her boarding house.
▪ Once inside a room in the boarding house, Orita ISSUE:
mounted Abayan and and tried to penetrate her
but only a small portion was inserted because of
the constant moving of Abayan.
Whether or not the acts
▪ Orita then commanded her to mount him. Only a committed by Orita
small part again of his penis was inserted into her
vagina. constitute that of a frustrated
Abayan was able to escape.
felony of rape
▪
▪ Findings of the physician who examined the victim:
hymen intact; no laceration; examining finger can
barely enter and with difficulty; vaginal canal tight;
no discharges noted.
▪ The trial court convicted Orita of frustrated rape.
FRUSTRATED FELONY
(1) The offender has performed
all the acts of execution which
would produce the felony and
(2) The felony is not produced
due to causes independent of
the perpetrator's will.||
People vs. Orita
G.R. No. L-26298 January 20, 1927
No. Having succeeded in • In the crime of rape, from the moment the offender has
partially penetrating the victim carnal knowledge of his victim, he actually attains his
who positively testified to the purpose and, from that moment also all the essential
commission thereto, Orita had elements of the offense have been accomplished.
already performed the act that Nothing more is left to be done by the offender,
consummates the crime of rape. because he has performed the last act necessary to
produce the crime. Thus, the felony is consummated.
• The Court has set the uniform rule that for the
consummation of rape, perfect penetration is not
Held essential.
• Court: “We are of the opinion that this particular
provision on frustrated rape is a dead provision.”
People vs. Villapana
G.R. No. L-53984 May 5, 1988
FACTS:
▪ Villapana (accused) and Macaranas (complainant)
live in the same building.
▪ Macaranas’ version: She was sleeping with her 7-
year old daughter when Villapana entered and ISSUE:
poked a knife at her breast. Villapana then brought
her to the kitchen and threatened her and she was
able to utter, “Aray ko po, nanay ko po, tulungan
Whether or not the lone
ninyo ako,” but Villapana succeeded in ravishing her.
After Villapana left, she stayed and rested then went
testimony of complainant is
to Villapana’s aunt to report the incident in that
same night. A few days later, Macaranas went to the
credible and sufficient to
Barangay Captain to report the incident. She was
then brought to the police and examined by a
warrant conviction of
doctor at the NBI. accused
▪ Villapana’s version: Denied all the allegations. He
and Maria were sweethearts. They had sex but it was
it with consent.
People vs. Villapana
G.R. No. L-53984 May 5, 1988
• Uncorroborated testimony of offended party is frequently

No. Numerous circumstances held to be sufficient under certain circumstances to
detract from the credibility of warrant conviction. But from the (1) very nature of the
charge, (2) the ease with which it may be made and (3)
complainant’s version of what
the difficulty which surrounds the accused in disproving it,
happened.
it is imperative that such testimony should be scrutinized
with the greatest caution.
• The Court reiterated the three (3) settled principles in
guiding the court in reviewing the evidence in rape cases.
• The Court held that Macaranas’ testimony was not
Held credible, given by the demeanor before, during and after
the alleged incident. The Court acquitted the accused.
There are three (3) settled principles to guide an
appellate court in reviewing the evidence in rape
cases:
(1) An accusation for rape can be made with facility: it is

difficult to prove it but more difficult for the person
accused, though innocent, to disprove it.
(2) In view of the intrinsic nature of the crime of rape where
two persons are usually involved, the testimony of
complainant must be scrutinized with extreme caution;
and
(3) The evidence for the prosecution must stand or fall on
its own merits, and cannot be allowed to draw strength
from the weakness of the evidence for the defense.
People vs. Dulay
G.R. Nos. 144344-68 July 23, 2002
FACTS:
▪ Severino Dulay committed 25 counts of rape
against his daughter Juvelyn Dulay, then 13
years old. ISSUE:
▪ In all the incidents, there is no doubt that
accused forced his daughter to submit to his
carnal desires. His daughter bore everything
Whether or not the
silently, terrorized by the thought that if she resistance by the victim is
struggled tenaciously, her father would get
violent. She also wanted to save her then required to prove lack of
pregnant mother from her father's wrath. From
experience, she knew that whenever his father
consent to the rape
got angry, he would kick everyone in the
house, bring out his samurai sword and
threaten to kill all of them.
People vs. Dulay
G.R. Nos. 144344-68 July 23, 2002
• If the rape is made by force, violence or intimidation, it is self-

Yes. However, evident that it was made against or without the victim's
consent. To prove lack of consent, the law requires resistance
tenacious resistance is by the victim. R.A. No. 8353, Art. 266-D specifies the kind of
resistance and its proof.
not required. • Any physical overt act manifesting resistance against the rape
in any degree from the victim is admissible as evidence of lack
of consent. Tenacious resistance, however, is not required.
Neither is a determined and persistent physical struggle on
the part of the victim necessary.
• The legislators agreed that Article 266-D is intended to "soften
Held
the jurisprudence of the 1970's" when resistance to rape was
required to be tenacious. The lawmakers took note of the fact
that rape victims cannot mount a physical struggle in cases
where they were gripped by overpowering fear or
subjugated by moral authority.
Article 266-D. Presumptions — Any
physical overt act manifesting resistance
against the act of rape in any degree from
the offended party, or where the offended
party is so situated as to render her/him
incapable of giving valid consent, may be
accepted as evidence in the prosecution of
the acts punished under Article 266-A.
People vs. Dulay
G.R. Nos. 144344-68 July 23, 2002
• The Court held that the evidence proved that

Article 266-B, Severino was guilty beyond reasonable doubt of
25 counts of rape. He was sentenced to death
paragraph (6), due to the qualifying circumstance of her being
sub-par. (1) applies. under 18 years of age and their relationship as
father and daughter.
• If the victim was under eighteen (18) years of age

at the time of the rape and the offender is a
Held parent, the penalty for the crime shall be death.
The victim’s minority and her relationship with
the offender was alleged and proven.
People v. Ernesto dela Cerna
G.R. Nos. 136899-904 October 9, 2002
FACTS:
▪ Irene accused her father, Ernesto dela Cerna, of raping
her 6 times from 1989 to March 1997.
▪ She was repeatedly told not to report to anybody about
▪
what happened. She complied because she was afraid.
She eventually revealed the rapes to her 2 best friends
ISSUE:
in school, which in turn told Irene’s mother. This
prompted Irene’s mother to bring her to the DSWD Whether or not the affidavit
of desistance, as a form of
office.
▪ Medical examination findings: “old healed hymenal
lacerations at 5:00 and 6:00 positions, and the introitus
admits two fingers with ease” pardon from the victim, shall
While the trial was ongoing, she executed an affidavit
extinguish the criminal
▪
of desistance claiming she no longer wanted to pursue
a case against her father.
▪ The defense argued that this created a reasonable liability of the accused
doubt as to Ernesto’s guilt and should therefore be
acquitted.
▪ Trial court found Ernesto guilty of 6 counts of rape.
Affidavit of desistance
A sworn statement, executed by a
complainant in a criminal or
administrative case, that he or she is
discontinuing or disavowing the action
filed upon his or her complaint for
whatever reason he or she may cite.
A survey of our jurisprudence reveals that the

court attaches no persuasive value to a
desistance, especially when executed as an
afterthought.
G.R. Nos. 136899-904 October 9, 2002
No. After the case has been • The rape incidents in this case occurred prior to the effectivity of
RA 8353, which took effect on October 22, 1997. Such being the
filed in court, any pardon made case, the old law shall apply and treat the acts of rape herein
by the private complainant, committed as private crimes. Thus, their institution, prosecution
whether by sworn statement or and extinction should still be governed by Article 344 RPC.
• For the crimes of adultery and concubinage, the pardon extended
on the witness stand, cannot by the offended spouse results in the extinction of the liability of
extinguish criminal liability. the offender. On the other hand, in seduction, abduction, rape and
acts of lasciviousness, two modes are recognized for extinguishing
criminal liability — pardon and marriage. In all cases, however,
the pardon must come prior to the institution of the criminal
action.
Held • Private complainant in this case filed her complaint on May 16,
1997 and even testified against accused-appellant on March 25,
1998. On the other hand, she executed her affidavit of desistance
only on July 3, 1998.
Article 344, RPC
Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of
lasciviousness. — The crimes of adultery and concubinage shall not be prosecuted
except upon a complaint filed by the offended spouse.
The offended party cannot institute criminal prosecution without including both
the guilty parties, if they are both alive, nor in any case, if he shall have consented
or pardoned the offenders.
The offenses of seduction, abduction, rape, or acts of lasciviousness, shall not be

prosecuted except upon a complaint filed by the offended party or her parents,
grandparents, or guardian, nor in any case, the offender has been expressly
pardoned by the above-named persons, as the case may be.
In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of

the offender with the offended party shall extinguish the criminal action or remit
the penalty already imposed upon him. The provisions of this paragraph shall
also be applicable to the co-principals, accomplices and accessories after the fact
of the above-mentioned crimes."
G.R. Nos. 136899-904 October 9, 2002
• In the case at bar, two of the six instances of rape (1989

On the matter of penalty: and 1993) occurred before the effectivity of RA 7659
(Death Penalty Law) which took effect only on December
Should the death penalty 31, 1993. As correctly held by the trial court, the
be meted out to accused? imposable penalty is reclusion perpetua for each of these
two crimes of rape.
• However, with respect to the four other incidents of rape
which were committed after the effectivity of RA 7659 and
in each of which the trial court imposed the extreme
penalty of death, an exhaustive discussion is called for.
• Article 335 RPC, as amended by Section 11 of RA 7659,
Obiter was already the pertinent statutory provision prevailing at
the time of the latter four rape incidents. It categorized as
a "heinous" offense punishable by death the rape of a
minor by her own father.
G.R. Nos. 136899-904 October 9, 2002
▪ Pursuant to Section 11 of RA 7659, the court a quo imposed the

On the matter of penalty: penalty of death on accused after taking into account the minority
of Irene as well as the relationship of father and daughter between
Should the death penalty them. Both circumstances of minority and relationship were
alleged in the informations.
be meted out to accused? ▪ However, jurisprudence requires that the victim's minority must
not only be specifically alleged in the information but must
likewise be established beyond reasonable doubt during trial.
▪ Proof of the victim's age must be indubitable in order to justify the
imposition of the death penalty.
▪ The prosecution utterly failed to discharge its burden of proving
the minority of the victim beyond reasonable doubt. No single
Obiter independent proof was offered in court to establish the fact that
complainant was below 18 years old at the time of the incidents.
Irene merely stated during her direct examination that she was
born on August 26, 1982. We find Irene's casual testimony as to
her age insufficient.
People vs. Armando Chingh
G.R. No. 178323, March 16, 2011
FACTS:
▪ Armando Chingh inserted both his finger and penis in
VVV’s vagina when she was 10 years old. ISSUES:
▪ He threatened her with death if she told anyone what
▪
happened, so she kept quiet when she got home.
Her father noticed her odd demeanor, and pressed
1. Whether or not CA is correct in
her for an explanation. She confessed to her father finding accused guilty of both
about the incident, and they immediately reported
the matter to the police. statutory rape and rape through
▪ RTC charged him with crime of statutory rape. sexual assault?
▪ CA modified this and charged him with both crimes of
statutory rape and rape through sexual assault,
meting out the penalty of reclusion perpetua and
2. Whether or not the penalties
indeterminate penalty of 3 years, 3 months and 1 day applied by the CA are correct?
of prision correccional, as minimum, to 8 years and 11
months and 1 day of prision mayor, as maximum,
respectively.
G.R. No. 178323, March 16, 2011
Issue 1 • Victim positively identified Armando as her abuser, and clearly narrated
the incident. She gave a candid and truthful testimony. The Court
Yes. Victim is credible.

repeatedly held that the lone testimony of the victim in a rape case, if
credible, is enough to sustain a conviction. The Courts are inclined to give
credence to the testimonies of young girls considering not only their
Section 3, Rule 120 of the relative vulnerability, but also the shame and embarrassment to which they
would be exposed if the matter about which they testified were not true.
Revised Rules of Criminal • The Information has sufficiently informed the accused that he is being
Procedure also applies. charged with two counts of rape. Although two offenses were charged,
which is a violation of Section 13, Rule 110 of the Revised Rules of Criminal
Procedure, nonetheless, Section 3, Rule 120 of the Revised Rules of
Criminal Procedure also states that "[w]hen two or more offenses are
charged in a single complaint or information but the accused fails to
Held
object to it before trial, the court may convict the appellant of as many as
are charged and proved, and impose on him the penalty for each offense,
setting out separately the findings of fact and law in each offense."
• Consequently, since Armando failed to file a motion to quash the
Information, he can be convicted with two counts of rape.
G.R. No. 178323, March 16, 2011
Issue 2 • At the time of the commission of the sexual abuse, victim was ten (10)
years old. This calls for the application of R.A. No. 7610, or "The
No. The penalty for rape
Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act," which defines sexual abuse of children and
through sexual assault must be prescribes the penalty therefor in Section 5 (b), Article III.
• Pursuant to the above-quoted provision of law, Armando was aptly
modified pursuant to R.A. prosecuted under paragraph 2, Article 266-A of the Revised Penal
No. 7610 (Anti-Child Abuse Law). Code, as amended by R.A. No. 8353, 29 for Rape Through Sexual
Assault.
• However, instead of applying the penalty prescribed therein, which is
prision mayor, considering that victim was below 12 years of age, and
considering further that Armando's act of inserting his finger in
victim's private part undeniably amounted to lascivious conduct, the
Held appropriate imposable penalty should be that provided in Section 5

(b), Article III of R.A. No. 7610, which is reclusion temporal in its
medium period.
R.A. No. 7610 - "The Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act"
SEC. 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:
xxx xxx xxx
(b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in
prostitution or subjected to other sexual abuse: Provided, That when the victim 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.
Corollarilly, Section 2 (h) of the rules and regulations 27 of R.A. No. 7610 defines "Lascivious conduct" as:
[T]he intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or
buttocks, or the introduction of any object into the genitalia, anus or mouth of any person, whether of the same or
opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person,
bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person.
People vs. Bernesto dela Cruz
G.R. No. 118967 July 14, 2000
FACTS:
▪ Victim AAA left her house in Quezon to gather gabi in the nearby
ISSUES:
mountain farm. When she did not return until 9 AM the next day, her
sister went out to search for her. 1. Whether or not the evidence
▪ Along the way, she spotted the accused Bernesto de la Cruz,
undressed, except for his blood-drenched briefs. He was seen to be presented establish the complicity
cutting minongga tree branches and covering something with them.
▪ Upon the sight of the sister, Bernesto ran away, throwing the bolo of the perpetrator's crime
that he was using.
▪ The sister found AAA’s headless body covered by minongga tree
branches and her decapitated head was spotted a few meters away.
2. Whether or not the witness’
▪ Post mortem examination reports showed that the victim incurred
several wounds apart from her decapitation and was also raped due
credibility should be given great
to the presence of spermatozoa in her vaginal secretion within more
or less twenty-four hours prior to her examination. AAA had passed
weight, despite the contention
away ten hours prior to the examination. that the witness had
▪ RTC noted the lack of eyewitnesses to the crime. However, it stated
that the prosecution was able to establish the guilt of the appellant by inconsistencies with her testimony
circumstantial evidence. It convicted the accused guilty of the crime
of rape with homicide.
G.R. No. 118967 July 14, 2000
The Prosecution presented sufficient circumstantial evidence

Issue 1 to establish beyond reasonable doubt that the accused, and
no other, had raped and killed [AAA].
Yes. Circumstantial evidence may To an unprejudiced mind, the circumstances mentioned in
be resorted to establish the complicity
the case form a solid unbroken chain of events which ties
of the perpetrator's crime when these
accused to the crime of rape with homicide beyond
are credible and sufficient.
reasonable doubt: BBB saw appellant at the scene of the
crime.
Held
Rape with homicide
The felony of rape with homicide is a special complex
crime, that is, two or more crimes that the law treats as a
single indivisible and unique offense for being the product
of a single criminal impulse.
Article 266-B. Penalties. — Rape under paragraph 1 of

the next preceding article shall be punished by reclusion
perpetua.
xxx xxx xxx
When by reason or on the occasion of the rape,
homicide is committed, the penalty shall be death.
RAPE WITH HOMICIDE
In the special complex crime of rape with homicide, the
term "homicide" is to be understood in its generic sense,
and includes murder and slight physical injuries
committed by reason or on occasion of the rape.
Hence, even if any or all of the circumstances (treachery,

abuse of superior strength and evident premeditation)
alleged in the information have been duly established by
the prosecution, the same would not qualify the killing to
murder and the crime committed by appellant is still rape
with homicide. ||
| (People v. Laog y Ramin, G.R. No. 178321, [October 5, 2011], 674 PHIL 444-475)
G.R. No. 118967 July 14, 2000
People vs. Dion:

Issue 2 Due to its intimate nature, rape is usually a crime bereft of witnesses, and,
more often than not, the victim is left to testify for herself. Thus, in the
resolution of rape cases, the victim's credibility becomes the primordial
Yes. The Court upheld the consideration. It is settled that when the victim's testimony is straightforward,
convincing, and consistent with human nature and the normal course of
jurisprudential principle affording great
things, unflawed by any material or significant inconsistency, it passes the
respect and even finality to the trial court's
test of credibility, and the accused may be convicted solely on the basis
assessment of the credibility of witnesses. thereof. Inconsistencies in the victim's testimony do not impair her
credibility, especially if the inconsistencies refer to trivial matters that
do not alter the essential fact of the commission of rape. The trial
court's assessment of the witnesses' credibility is given great weight and
is even conclusive and binding. . . . . (Citations omitted, emphasis added.)
Held The court a quo have sufficiently addressed the question on the alleged
inconsistencies in the testimony of BBB. In any event, the alleged
inconsistencies in the testimonies of the prosecution's witnesses did not
detract from BBB's credibility as a witness
People v. Moises Caoile
GR No. 203041 June 5, 2013
FACTS:
▪ AAA, with mental age of a seven-year old, was left in
the care of her grandmother and auntie in Alipang, ISSUE:
Rosario, La Union when her mother left to work
abroad when she was still young. One of their Caoile is guilty beyond reasonable
neighbors was the accused, Caoile, whose daughter,
Marivic, was the playmate of AAA. doubt of two counts of rape
▪ Caoile, knowing the disability of AAA, had sexual
intercourse with the latter on several occasions.
▪ Medical Examinations found out that AAA’s genitalia
suffered multiple hymenal laceration. There was also
presence of spermatozoa.
▪ Defense: They are in love and he did not know that
AAA is demented.
▪ RTC and CA: Guilty beyond reasonable doubt of the
crime of rape sentenced to suffer the penalty of
reclusion perpetua
People v. Moises Caoile
GR No. 203041 June 5, 2013
• The Court held that carnal knowledge of a

Yes. Victim is a mental woman who is a mental retardate is rape
retardate incapable of under Article 266-A, paragraph 1(b) of
giving consent. the Revised Penal Code, as amended.
• This is because a mentally deficient
person is automatically considered
incapable of giving consent to a sexual
act.
Held
People v. Edgar Jumawan
G.R. No. 187495 April 21, 2014
FACTS:
▪ Accused Jumawan and his wife, KKK, were married
and had 4 children. ISSUE:
▪ KKK executed a Complaint Affidavit alleging that her
husband raped her and that Jumawan boxed her Whether or not accused is guilty of
shoulder on a separate occasion when she refused to
have sex with him. the crime of rape of his own wife
▪ 2 separate Informations for rape were filed against
accused, charging him of 2 counts of rape in
violation of R.A. 8353 (Anti-Rape Law of 1997).
▪ Defense: He was in Bukidnon during the alleged
rape. He also claimed that KKK just wanted to cover
up her extra-marital affairs and also wanted their
property divided.
▪ RTC and CA: guilty of 2 separate charges of rape.
People v. Edgar Jumawan
G.R. No. 187495 April 21, 2014
• SC held that clearly, it is now acknowledged that rape, as a form of

Yes. Marital rape is now sexual violence, exists within marriage. A man who penetrates her
wife without her consent or against her will commits sexual
punishable under the Anti- violence upon her.
Rape Law of 1997. • To treat marital rape cases differently from nonmarital rape cases
in terms of the elements that constitute the crime and in the rules
for their proof, infringes on the equal protection clause.
• Marital Rape in PH jurisdiction is further affirmed by R.A. 9262
(Anti-Violence Against Women and Their Children Act of 2004)
which regards rape within marriage as a form of sexual violence
that may be committed by a man against his wife within or
outside the family abode.
Held • R.A. No. 8353 eradicated the archaic notion that marital rape
cannot exist because a husband has absolute proprietary rights
over his wife’s body and thus her consent to every act of sexual
intimacy with him is always obligatory or at least, presumed.
Ricalde v. People
G.R. No. 211002 January 21, 2015
FACTS:
▪ Ricalde, then 31 years old is a distant relative and
textmate of XXX, then 10 years old.
▪ XXX invited Ricarde to their house and after dinner, XXX’s
ISSUE:
mother told Ricalde to spend the night as it was late. He
slept on the sofa while XXX slept on the living room floor.
Whether or not accused is guilty for
▪ Around 2:00 a.m., XXX awoke as "he felt pain in his anus the crime of rape through sexual
and stomach and something inserted in his anus." He saw
that Ricalde "fondled his penis." assault.
▪ XXX ran toward his mother’s room to tell her what
happened. He also told his mother that Ricalde played
with his sexual organ.
▪ Dr. Roy Camarillo examined XXX and found no signs of
recent trauma in his anal orifice that was also "NEGATIVE
for spermatozoa."
▪ Ricalde denied the accusations but RTC found him guilty
of rape through sexual assault. The CA affirmed the
conviction.
Ricalde v. People
G.R. No. 211002 January 21, 2015
Yes. The accused committed • The court has given full weight and credit to the testimonies of child
victims. Their "[y]outh and immaturity are generally badges of truth
rape under the second and sincerity.”
paragraph of Article 266-A,
• People v. Soria: A victim need not identify what was inserted into his or
‘also known as "instrument or her genital or anal orifice for the court to find that rape through
object rape,“ "gender-free rape," sexual assault was committed.
We find it inconsequential that "AAA" could not specifically identify the particular
or "homosexual rape”. (Leonen) instrument or object that was inserted into her genital. What is important and
relevant is that indeed something was inserted into her vagina. To require "AAA" to
identify the instrument or object that was inserted into her vagina would be
contrary to the fundamental tenets of due process.
• The absence of spermatozoa in XXX's anal orifice does not negate the
Held possibility of an erection and penetration. This result does not

contradict the positive testimony of XXX that the lower courts found
credible, natural, and consistent with human nature.
Ricalde v. People
G.R. No. 211002 January 21, 2015
• The Court modifed the penalty imposed by the

Penalty should be lower court to the penalty under Article III,
Section 5 (b) of Republic Act No. 7610 known as
modified in accordance the "Special Protection of Children Against Child
with RA 7610. Abuse, Exploitation and Discrimination Act”,
reiterating the ruling in People vs. Chingh.
Held
People v. Tionloc
G.R. No. 212193 February 15, 2017
FACTS:
AAA was
▪ AAA was having
having a drinking
drinking session
session with appellant
appellant Tionloc and
Meneses
Meneses in
According to
▪ According
inTionloc’s
Tionloc’s house.
to AAA,
AAA, she
house.
shewas
was roused
roused from
from herhersleep
sleep byby Meneses
Meneses
ISSUE:
who
who was mounting her her and
and inserting
inserting his his penis
penis into
into her
her vagina.
She
was mounting
felt pain but could only cry in silence for fear
She felt pain but could only cry in silence for fear that the knife
vagina.
that the Whether or not accused are guilty
knife
lying onlying
toponoftop of a table
a table nearbynearby
wouldwould
she resisted. Meneses left after he raped her.
be used
be used to killtoher
kill ifher if
she beyond reasonable doubt of rape
resisted. Meneses left after he raped her.
▪ Tionloc approached her and asked if he could also have sex
▪ Tionloc approached her and asked if he could also have sex with
with her. When she did not reply, Tionloc mounted and raped
her. When she did not reply, Tionloc mounted and raped her.
her. Tionloc stopped only when she tried to reposition her
Tionloc
body. stopped only when she tried to reposition her body.
▪▪ The
The following
following day, day,AAA
AAAreported
reported thetheincident to the
incident police
to the and
police
underwent
and underwent a medical examination
a medical and the results
examination and revealed
the results two
lacerations
revealed two in her hymen. in her hymen.
lacerations
▪ Tionloc denied raping rapingAAA.
AAA.
RTC ruled
▪ RTC ruledthat
thatTionloc
Tionlocwaswasguilty
guiltybeyond
beyond reasonable
reasonable doubt of
rape through
rape through sexual
sexualintercourse
intercourseagainst
againstAAA. AAA.CACA affirmed with
modification.
modification.
People v. Tionloc
G.R. No. 212193 February 15, 2017
No. A mere attempt to • Force as an element of rape, must be sufficient to consummate

the purposes which the accused had in mind.
resist is not the resistance • No evidence to prove that Tionloc used force, threat, or
intimidation during his sexual congress with AAA.
required and expected of a • There was no evidence that the knife was placed nearby
woman defending her precisely to threaten or intimidate her. Marquez went on top of
AAA without saying anything or uttering threatening words.
virtue, honor and chastity. • AAA neither intimated any form of resistance nor expressed
any word or rejection to appellant’s advances.
• Marquez did not act with force since he readily desisted when
AAA felt slightest pain and tried to move during their sexual
Held
congress.
• The Court held that failure of the prosecution to discharge its
burden of evidence in this case entitles Tionloc to an acquittal.
People v. Amarela
G.R. No. 225642-43 January 17, 2018
FACTS:
▪ AAA was watching a beauty pageant in
Maligatong, Baguio District, Calinan, Davao City ISSUE:
when she felt the need to go to the restroom. On
her way, she said Amarela punched and pulled her Whether or not the accused are
under a makeshift stage where she was raped.
▪ She said Amarela stopped and fled the scene
guilty beyond reasonable doubt of
when three men came, adding that the men took rape based on victim’s testimony
her to a hut but she was able to escape, hiding in
a neighboring house and then in Racho’s house.
▪ Racho’s mother, Neneng, then asked her son to
take the victim to her aunt but she was again
taken to a nearby shanty where she was punched
and raped again.
▪ RTC and CA found Amarela and Rancho guilty
beyond reasonable doubt.
People v. Amarela
G.R. No. 225642-43 January 17, 2018
• The Court it found circumstances that cast doubt on the

No. The complainant’s credibility of AAA’s testimony.
• The Court reversed the ruling, stating that the Prosectution
testimony casts lingering “miserably failed to present a clear story of what transpired
doubts. and that whether the victim’s story is true or not”
• "Women's honor" doctrine: It is a well-known fact that
women, especially Filipinos, would not admit that they have
been abused unless that abuse had actually happened.”
• The new SC ruling said the doctrine is no longer applicable
today and that the court cannot “simply be stuck to the
Maria Clara stereotype of a demure and reserved Filipino
Held woman”.
FORCE, THREAT, OR INTIMIDATION
Force employed against the victim
need not be of such character as could be resisted.
Force employed against the victim of the rape need not be of such
character as could be resisted. When the offender has an ascendancy or
influence over the girl, it is not necessary that she put up a determined
resistance. A rape victim does not have the burden of proving resistance.
[People v. Metin, G.R. No. 140781 (2003)]
It is not necessary that the force employed against the complaining

woman in rape to be so great or of such a character as could not be resisted. It
is sufficient that the force used is sufficient to consummate the culprit’s
purpose of copulating with the offended woman.
[People v. Savellano, G.R. No. L- 31227 (1974)]
Intimidation, viewed in light of

victim’s perception & judgment.
Intimidation must be viewed in light of the victim’s perception
and judgment at the time of rape and not by any hard and fast
rule. It is enough that it produces fear – fear that if the victim does
not yield to the bestial demands of the accused, something would
happen to her at the moment or thereafter, as when she is
threatened with death if she reports the incident.
[People v. Metin, supra.]
Resistance, when futile,
does not amount to consent
The test is whether the threat produces a reasonable fear in the mind
of the victim that if she resists or does not yield to the desires of the
accused, the threat would be carried out. Where resistance would be
futile, offering none at all does not amount to consent to the sexual
assault. It is not necessary that the victim should have resisted unto
death or sustained physical injuries in the hands of the rapist. It is
enough that the intercourse takes place against her will or if she
yields because of genuine apprehension of harm to her if she did not
do so. Indeed, the law does not impose upon a rape victim the
burden of proving resistance. (People v. Sending, G.R. 141773-76,
January 20, 2003)
Where accused has moral ascendancy or
influence over the victim
Moral ascendancy or influence, held to substitute for
the element of physical force or intimidation such as
those committed by:
1. Fathers against their daughters
2. Stepfathers against their stepdaughters
3. A godfather against his goddaughter
4. Uncles against their nieces
5. The first cousin of the victim’s mother
Where accused has moral ascendancy or
influence over the victim
The kind of force or violence, threat or

intimidation as between father and daughter need
not be of such nature and degree as would be
required in other cases, for the father in this
instance exercises strong moral and physical
influence and control over his daughter.
(People vs. Rinion, C.A., 61 O.G. 4422)
OFFENDED PARTY IS DEPRIVED OF
REASON OR IS OTHERWISE
UNCONSCIOUS
“Deprived of reason or unconscious” means that

the victim has no will to give consent intelligently
and freely. The inquiry should likewise determine
whether the victim was fully informed of all
considerations so as to make a free and informed
decision regarding the grant of consent.
Elements of
Rape by sexual intercourse
Art. 226-A,
Art. 335
par. 1
1. Offender is a man
2. Offender had carnal knowledge of a woman
3. Such act is accomplished under any of the ff.
circumstances:
a. By using force of intimidation
b. When the woman is deprived of
reason or otherwise unconscious
c. By means of fraudulent machination
or grave abuse of authority
d. When the woman is under 12 years of
age or demented
“Carnal knowledge”
“Carnal knowledge is synonymous with sexual intercourse. There is
carnal knowledge if there is the slightest penetration of the sexual organ
of the female by the sexual organ of the male.” (People vs. Opong, 577 Phil.
571)
“Carnal knowledge is defined as the act of a man having sexual bodily

connections with a woman; sexual intercourse. Ordinarily, this would
connote the complete penetration of the female sexual organ by the
male sexual organ. In cases of rape, however, proof of the entrance of
the male sexual organ into the labia of the pudendum, or lips of the
female organ, is sufficient for conviction. Elsewise stated, the slightest
penetration of the female's private organ is sufficient to consummate the
crime of rape.” (People v. Alib, 294 Phil 509)
“Demented”
The cases of People v. Caoile and People v. Ventura laid
down a technical definition of the term "demented" as
referring to a person who has dementia, which is a
condition of deteriorated mentality, characterized by
marked decline from the individual's former
intellectual level and often by emotional apathy,
madness, or insanity.
(People v. Urmaza y Torres, G.R. No. 219957, [April 4, 2018])
Grazing of the surface of the female organ
not sufficient to constitute consummated
rape.
Absent any showing of the slightest penetration of the
female organ, i.e. touching of either labia of the
pudendum by the penis, there can be no consummated
rape; at most, it can only be attempted rape, if not acts
of lasciviousness. (People vs. Campuhan, G.R. No.
129433, March 30, 2000)
Absence of Spermatozoa or Semen Emission
The absence of spermatozoa does not negate
rape. (People vs. Nula, 82 Phil 480)
Accused failed to achieve an erection, had
limp or flaccid penis, or oversized penis
which could not fit into victim’s vagina
The Court nonetheless held that rape was
consummated on the basis on the victim’s testimony
that the accused repeatedly tried to insert his penis
into her vagina and in all likelihood reached the labia
of her pudendum as the victim felt the organ on the
lips of her vulva. (People vs. Bacalso, 195 SCRA 557)
Anatomy of the
Female Sex Organ
Part II
A child cannot give consent to a contract under our civil laws. This is on
Whereas, mankind the rationale that she can easily be the victim of fraud as she is not capable
of fully understanding or knowing the nature or import of her actions. The
owes to the child State, as parens patriae, is under the obligation to minimize the risk of harm
the best it has to give. to those who, because of their minority, are as yet unable to take care of
themselves fully.
(Malto v. People, 560 PHIL 119-145)
Special Protection of Children
Against Abuse, Exploitation and
Discrimination Act
An Act Providing for Stronger Deterrence and Special
Protection against Child Abuse, Exploitation and
Discrimination, Providing Penalties for its Violation, and for
Other Purposes
R.A. No. 7610 took effect on June 20, 1992.
“[Republic Act No. 7610] supplies the inadequacies of

existing laws treating crimes committed against children,
namely, the Revised Penal Code and Presidential Decree No.
603 or the Child and Youth Welfare Code. As a statute that
provides for a mechanism for strong deterrence against the
commission of child abuse and exploitation, the law has stiffer
penalties for their commission, and a means by which child
traffickers could easily be prosecuted and penalized."
||| (Araneta v. People, 578 PHIL 876-888)
Special Protection of Children Against Abuse, Exploitation and Discrimination Act
SECTION 2.
Declaration of State Policy and Principles.
▪ Provide special protection to children from all forms of abuse, neglect, cruelty exploitation
and discrimination and other conditions, prejudicial their development;
▪ Provide sanctions for the commission of the said acts and carry out a program for
prevention and deterrence of and crisis intervention in situations of child abuse, exploitation
and discrimination.
▪ Intervene on behalf of the child when the parent, guardian, teacher or person having care or
custody of the child fails or is unable to protect the child or when such acts are committed by
the said parent, guardian, teacher or person having care and custody of the same.
▪ Protect and rehabilitate children gravely threatened or endangered by circumstances which
affect or will affect their survival and normal development and over which they have no
control.
▪ The best interests of children shall be the paramount consideration in all actions
concerning them, whether undertaken by public or private social welfare institutions, courts
of law, administrative authorities, and legislative bodies, consistent with the principle of First
Call for Children as enunciated in the United Nations Convention of the Rights of the Child.
SECTION 3.
Definition of Terms
a) "Children" refers to person below eighteen (18) years of age or those over but are
unable to fully take care of themselves or protect themselves from abuse, neglect,
cruelty, exploitation or discrimination because of a physical or mental disability or
condition.
b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which
includes any of the following:
1. Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
2. Any act by deeds or words which debases, degrades or demeans the intrinsic
worth and dignity of a child as a human being;
3. Unreasonable deprivation of his basic needs for survival, such as food and
shelter; or
4. Failure to immediately give medical treatment to an injured child resulting in
serious impairment of his growth and development or in his permanent
incapacity or death.
Offenses Punishable Under R.A. 7610
Child Prostitution Child Trafficking
and other Sexual Abuse ( Sec. 7 )
( Sec. 5 )
Attempt to Commit Attempt to Commit
Child Prostitution Child Trafficking
( Sec. 6 ) ( Sec. 8 )
Obscene Publications and Other Acts of Neglect, Abuse, Cruelty or Exploitation and Establishments and enterprises promoting
Indecent Shows Other Conditions Prejudicial to the Child's Development or facilitating the mentioned offenses
( Sec. 10 ) ( Sec. 11 )
( Sec. 9 )
Children exploited in prostitution and
Child Prostitution other sexual abuse – children who for
money, profit, or any other consideration or
and Other Sexual Abuse due to the coercion or influence of any adult,
syndicate or group, indulge in sexual
Sec. 5, RA 7610 intercourse or lascivious conduct.
Penalty: Reclusion Temporal in its medium period to Reclusion Perpetua
Engaging in or promoting, Committing the act of sexual Deriving profit or advantage

facilitating or inducing child intercourse or lascivious conduct Sec. 6 ( c )
prostitution with a child exploited in
Sec. 5 ( a ) prostitution or subjected to other
sexual abuse
Sec. 5 ( b )
Elements:
1. The accused engages in, promotes, facilitates or induces
child prostitution;
2. The act is done through, but not limited to, the following
means:
a. acting as a procurer of a child prostitute;
b. inducing a person to be a client of a child prostitute by
means of written or oral advertisements or other similar
means;
c. taking advantage of influence or relationship to procure
a child as a prostitute;
d. threatening or using violence towards a child to engage
him as a prostitute or
Mode of Commission e. giving monetary consideration, goods or other
COMMITING ACT OF SEXUAL pecuniary benefit to a child with intent to engage such
INTERCOURSE OR LASCIVIOUS child in prostitution
3. The child is exploited or intended to be exploited in
CONDUCT WITH A CHILD prostitution and
Sec. 5 (a) 4. The child, whether male or female, is below 18 years of age.
Those who commit the act of sexual intercourse or
lascivious conduct with a child exploited in
prostitution or subjected to other sexual abuse.
Elements of paragraph (b) are:

1. The accused commits the act of sexual intercourse
or lascivious conduct;
2. The act is performed with a child exploited in
prostitution or subjected to other sexual abuse and
3. The child, whether male or female, is below 18
years of age.
Victim is under twelve (12) years of age:

Mode of Commission The perpetrators shall be prosecuted under:
▪ Article 335, par. 3, RPC for rape and;
COMMITING ACT OF SEXUAL ▪ Article 336 RPC for lascivious conduct
INTERCOURSE OR LASCIVIOUS
The penalty for lascivious conduct when the victim is under
CONDUCT WITH A CHILD twelve (12) years of age shall be reclusion temporal in its medium
Sec. 5 (b) period.
Those who derive profit or advantage
therefrom, whether as manager or
owner of the establishment where the
prostitution takes place, or of the sauna,
disco, bar, resort, place of entertainment
or establishment serving as a cover or
which engages in prostitution in
addition to the activity for which the
Mode of Commission license has been issued to said
DERIVING PROFIT OR establishment.
ADVANTAGE
Sec. 5 (c)
A penalty lower by two (2) degrees than
Attempt to Commit that prescribed for the consummated
felony under Section 5 shall be imposed
Child Prostitution upon the principals of the attempt to
Sec. 6, RA 7610 commit the crime of child prostitution
under this Act, or, in the proper case,
under the Revised Penal Code.
Person is found alone with Person is receiving services

child in a secluded place from child in a sauna parlor or
Sec. 6 (1) similar establishment
Sec. 6 (2)
1. Any person not a relative of a child
2. Person is found alone with the child
3. Person and child are found inside
the room or cubicle of a house, an
inn, hotel, motel, pension house,
apartelle or other similar
establishments, vessel, vehicle or any
other hidden or secluded area
4. Under circumstances which would
Mode of Commission lead a reasonable person to believe
Person is found alone with that the child is about to be
child in a secluded place
Sec. 6 (1) exploited in prostitution and other
sexual abuse.
1. Any person
2. Person receives services
from a child
3. Act/s is committed in a
sauna parlor or bath,
massage clinic, health
club and other similar
Mode of Commission
establishments.
Person is receiving services
from child in a sauna parlor or
similar establishment
Sec. 6 (2)
Child Trafficking
Sec. 7, RA 7610 Penalty of reclusion temporal to reclusion
perpetua. The penalty shall be imposed
in its maximum period when the victim is
under twelve (12) years of age.
|||
Engaging in trading and dealing with

children including, but not limited to, the act
of buying and selling of a child for money, or
for any other consideration, or barter
Attempt to Commit
Penalty lower by two (2)
Child Trafficking degrees than that prescribed for
the consummated felony under
Sec. 8, RA 7610 Section 7 hereof shall be
imposed upon the principals
When a child travels When a pregnant When a person, agency, When a doctor, When a person engages in
alone to a foreign mother executes an establishment or child- hospital or clinic the act of finding children
country without valid affidavit of consent caring institution recruits official or employee, among low-income families,
reason and without for adoption for a women or couples to nurse, midwife, local hospitals, clinics, nurseries,
clearance issued by the consideration bear children for the civil registrar or any day-care centers, or other
DSWD or written permit purpose of child
other person child-caring institutions who
or justification from the trafficking
simulates birth for can be offered for the
child's parents or legal the purpose of child purpose of child trafficking.
guardian trafficking
Obscene Publications
and Indecent Shows
Sec. 9, RA 7610
Any person who shall hire, employ, use, persuade, Penalty of prision
induce or coerce a child to perform in obscene mayor in its
exhibitions and indecent shows, whether live or in video, medium period.
or model in obscene publications or pornographic
materials or to sell or distribute the said materials
Penalty of prision
If the child used as a performer, subject or mayor in its
seller/distributor is below twelve (12) years of age maximum period.
Any ascendant, guardian, or person entrusted in any

capacity with the care of a child who shall cause and/or Penalty of prision
allow such child to be employed or to participate in an mayor in its
obscene play, scene, act, movie or show or in any other medium period.
acts covered by this section
Other Acts of Neglect, Abuse, Cruelty or Exploitation
and Other Conditions Prejudicial to the Child's Development
Sec. 10, RA 7610
Any other acts of child Keeping in his company a Inducing, delivering or Any person, owner, Any person who shall
abuse, cruelty or minor, twelve (12) years offering a minor to any manager or one entrusted use, coerce, force or
exploitation or be or under or who is ten one to keep or have in his with the operation of any intimidate a street child
(10) years or more his company a minor public or private place of or any other child to;
responsible for other
junior in any public or accommodation, whether (1) Beg or use begging as a
conditions prejudicial to for occupancy, food, drink
private place, hotel, motel, Perpetrator is an ascendant, means of living;
the child's development stepparent or guardian of the or otherwise, including (2) Act as conduit or
Including those covered by beer joint, discotheque,
cabaret, pension house, minor: Penalty shall be prision residential places, who middlemen in drug
Article 59 of Presidential Decree
mayor in its maximum period, allows any person to take trafficking or pushing; or
No. 603, as amended, but not sauna or massage parlor,
a fine of not less than P50,000, along with him to such (3) Conduct any illegal
covered by the RPC beach and/or other tourist and the loss of parental place or places any minor
resort or similar places activities
authority over the minor.|||
Prision mayor in its minimum Prision mayor in its maximum Prision mayor in its medium Prision mayor in its medium Prision correccional in its
period period and a fine of not less period and a fine of not less period and a fine of not less medium period to reclusion
than P50,000 than P40,000 than P50,000 perpetua.
Sanctions for Establishments or Enterprises
Sec. 11, RA 7610
SANCTIONS
▪ Immediately closed
▪ Authority or license to operate cancelled
▪ A sign with the words "off limits" shall be
An establishment shall be deemed to promote or conspicuously displayed outside the
facilitate child prostitution and other sexual establishments or enterprises by the DSWD
abuse, child trafficking, obscene publications and for such period which shall not be less than
one (1) year, as the Department may
indecent shows, and other acts of abuse if the
determine.
acts constituting the same occur in the ▪ The unauthorized removal of such sign
premises of said establishment shall be punishable by prision
correccional.
SECTION 27.
Who May File a Complaint.
Complaints on cases of unlawful acts committed against the
children as enumerated herein may be filed by the following:
a. Offended party;
b. Parents or guardians;
c. Ascendant or collateral relative within the third degree of
consanguinity;
d. Officer, social worker or representative of a licensed child-
caring institution;
e. Officer or social worker of the Department of Social
Welfare and Development;
f. Barangay chairman; or
g. At least three (3) concerned responsible citizens where
the violation occurred.
SECTION 28.
Protective Custody of the Child.
• The offended party shall be immediately placed under the

protective custody of the Department of Social Welfare and
Development.
• In the regular performance of this function, the officer of the
Department of Social Welfare and Development shall be free from
any administrative, civil or criminal liability.
• Custody proceedings shall be in accordance with the provisions of
Presidential Decree No. 603 (Child and Youth Welfare Code).
SECTION 30.
Special Court Proceedings.
• Cases shall be heard in the Regional Trial Court duly designated as

Juvenile and Domestic Court.
• Any provision of existing law to the contrary notwithstanding and

with the exception of habeas corpus, election cases, and cases
involving detention prisoners and persons covered by Republic Act
No. 4908, all courts shall give preference to the hearing or
disposition of cases involving violations of this Act.
SECTION 30.
Special Court Proceedings.
• Cases shall be heard in the Regional Trial Court duly designated as

Juvenile and Domestic Court.
• Any provision of existing law to the contrary notwithstanding and

with the exception of habeas corpus, election cases, and cases
involving detention prisoners and persons covered by Republic Act
No. 4908, all courts shall give preference to the hearing or
disposition of cases involving violations of this Act.
SECTION 31.
Common Penal Provisions.
OFFENDER PENALTY IMPOSABLE
Penalty imposed in its maximum period; Penalty imposed in its maximum period;
Offender is a corporation, partnership or association - the

Penalty imposed in its maximum period;
officer or employee who is responsible
• Perpetrator is an ascendant, parent guardian, stepparent or collateral

relative within the second degree of consanguinity or affinity
• Manager or owner of an establishment which has no license to
Penalty imposed in its maximum period;
operate or its license has expired or has been revoked;
Deported immediately after service of sentence and forever
Offender is a foreigner
barred from entry to the country
Penalty imposed in its maximum period
• Reclusion perpetua or reclusion temporal - perpetual or temporary
Offender is a public officer or employee absolute disqualification shall also be imposed
• Prision correccional or arresto mayor - suspension shall also be
imposed
A fine to be determined by the court shall be imposed and
Immediate member of his family is the perpetrator administered as a cash fund by the DSWD and disbursed for the
rehabilitation of each child victim
Malto vs. People
September 21, 2007 | Corona
FACTS:
▪ AAA, then 17, had carnal relations with her
Philosophy professor, who was then 28, Malto.
After breaking up with him and learning of his ISSUE:
sexual harassment issues with other students,
AAA realized that she, too, had been sexually Whether or not Malto should
abused by Malto in numerous occasions, by
using moral ascendency and influence over AAA be convicted of Sec. 5(a) or
in order to coerce her to engage in sexual
activities. (b), Article III, RA 7610 – Sec.
▪ Trial court found Malto guilty of violating Article 5(b)
III, Section 5(a), paragraph 3 of RA 7610.
▪ CA affirmed even though it found that his acts
were not covered by paragraph (a) but by
paragraph (b) of Section 5.
Malto vs. People
• The information against petitioner did not allege anything

ACCUSED VIOLATED pertaining to or connected with child prostitution. What it
charged was that accused had committed sexual intercourse and
SEC. 5 (B), ART. III lascivious conduct with 17-yr old AAA who was induced and/or
OF RA 7610. seduced by accused, who was her professor These allegations
support a charge for violation of paragraph (b), not paragraph (a),
of Section 5.
• The first element was present in this case, having committed
lascivious conduct against and had sexual intercourse with AAA.
• The second element was likewise present because the sexual
intercourse happened a result of the influence and moral
Held ascendancy of the accused.

• The third element of the offense was also satisfied because AAA
was a child, as she was below 18 years of age.
Malto vs. People
• Since the penalty provided in RA 7610 is taken from the range of

penalties in the Revised Penal Code, it is covered by the first
Offender may enjoy the
clause of Section 1 of the Indeterminate Sentence Law.
benefits of the Indeterminate Notwithstanding that RA 7610 is a special law, petitioner may
enjoy the benefits of the Indeterminate Sentence Law.
Sentence Law. • The penalty prescribed for violation of the provisions of Section 5,
Article III of RA 7610 is reclusion temporal in its medium period to
reclusion perpetua. In the absence of any mitigating or
aggravating circumstance, the proper imposable penalty is
reclusion temporal in its maximum period, the medium of the
penalty prescribed by the law.
Held
Section 2 (g) and (h) of the Rules and Regulations on the Reporting and
Investigation of Child Abuse Cases
(g) "Sexual abuse" includes the employment, use, persuasion, inducement,

enticement or coercion of a child to engage in, or assist another person to
engage in, sexual intercourse or lascivious conduct or the molestation,
prostitution, or incest with children;
(h) "Lascivious conduct" means the intentional touching, either directly or

through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks,
or the introduction of any object into the genitalia, anus or mouth, of any person,
whether of the same or opposite sex, with an intent to abuse, humiliate, harass,
degrade, or arouse or gratify the sexual desire of any person, bestiality,
masturbation, lascivious exhibition of the genitals or public area of a person.
People v. Larin
A child is deemed exploited in prostitution

or subjected to other sexual abuse, when
the child indulges in sexual intercourse or
lascivious conduct (a) for money, profit, or
any other consideration; or (b) under the
coercion or influence of any adult,
syndicate or group. (emphasis supplied)
Bongalon vs. People
March 20, 2013| Bersamin, J.
FACTS:
• George Bongolan confronted two children (brothers)
who threw stones at his daughter. He struck the child
at the back with his hand, and slapped the child on
the face.
ISSUE:
• He then went to the house of the children and Whether or not the accused,
challenged their father to a fight. Instead, the father
brought his kids to the Legazpi City Police Station George Bongolan, is guilty of
and reported the incident.
child abuse under Section 10 (a),
• The RTC found and declared the petitioner guilty of
child abuse under Section 10 (a), Article VI of R.A. Article VI of R.A. 7610 - NO
7610. The CA affirmed the lower court’s decision.
• Bongolan appealed to the SC, denying having
physically abused or maltreated Jayson.
Bongalon vs. People
March 20, 2013| Bersamin, J.
• Petitioner’s actions did not constitute child abuse within the purview
NO. The acts complained of the RA 7610. The records did not establish beyond reasonable
of were not intended to doubt that his laying of hands on Jayson had been intended to
debase the “intrinsic worth and dignity” of Jayson as a human being,
debase the “intrinsic worth or that he had thereby intended to humiliate or embarrass Jayson.
and dignity” of the child as • With the loss of petitioner’s self-control, he lacked the specific intent
to debase, degrade or demean the intrinsic worth and dignity of a
a human being. child as a human being that was so essential in the crime of child
abuse.
• He was only liable for slight physical injuries under Article 266 (1) of
the RPC, and considering that Jayson’s physical injury required 5-7
days of medical attention, he shall be punished by arresto menor
Held which ranges from 1 day to 30 days of imprisonment.

• However, the Court considered the mitigating circumstance of passion
or obfuscation under Article 13 (6) of the RPC; thereby, the petitioner
was sentenced to suffer the penalty of 10 days of arresto menor.
Felina Rosaldes vs. People
October 8, 2014 | Bersamin, J.
FACTS:
▪ 7-yr old Michael, then a Grade 1 pupil, was hurriedly
entering his classroom when he accidentally bumped
the knee of his teacher, Felina Rosaldes, who was then
asleep on a bamboo sofa. ISSUE:
▪ Rosaldes pinched Michael on his thigh. Then, she held
him up by his armpits and pushed him to the floor. As
he fell, Michael hit a desk. He lost consciousness.
Whether or not the acts of
Rosaldes proceeded to pick Michael up by his ears and petitioner constitute child abuse
repeatedly slammed him down on the floor. Michael
Ryan cried. penalized under Sec. 10 (a) of R.A
▪ His mother and his aunt reported the incident to their
Barangay Captain Larroza who advised them to have
No. 7610 – YES
Michael Ryan examined by a doctor.
▪ Crime charged: Violation of Anti-Child Abuse Law
(Section 10 (a) of R.A. 7610)
▪ RTC: Convicted petitioner of child abuse; CA: Affirmed
RTC’s conviction
YES. The acts complained

• The infliction of the physical injuries on the child was
of were not intended to unnecessary, violent and excessive. Her physical maltreatment
debase the “intrinsic worth of him was precisely prohibited by no less than the Family
Code, which has expressly banned the infliction of corporal
and dignity” of the child as punishment by a school administrator, teacher or individual
a human being. engaged in child care exercising special parental authority.
• Maltreatment may consist of an act by deeds or by words that

debases, degrades or demeans the intrinsic worth and dignity
Held
of a child as a human being. The act need not be habitual.
FACTS:
• YYY (Father) went out of the house to buy kerosene
since there was no electricity.
a. While YYY was away, Quimvel arrived bringing a
vegetable viand from AAA’s (abused child)
grandfather. AAA requested Quimvel to stay with
ISSUE:
them as she and her siblings were afraid.
b. He agreed and accompanied them. AAA and her
Whether or not Quimvel may be
siblings then went to sleep. However, she was convicted of acts of lasciviousness
awakened when she felt Quimuel's right leg on top
of her body. under Art. 336 of the Revised Penal
c. She sensed Quimvel inserting his right hand inside Code (RPC) and not in relation to Sec.
her panty. She felt Quimvel caressing her private
part. She removed his hand. 5(b) of RA 7610
• After a few days, XXX (Mother) arrived from Batangas.
BBB (sibling) told her about the incident. - NO. It should be Section 5(b) of RA
• RTC found Quimvel guilty beyond reasonable doubt for 7610.
the crime of Acts of Lasciviousness in Sec 5(b) RA 7610.
CA affirmed the decision of RTC.
• The allegations are sufficient to classify the victim as one "exploited in

prostitution or subject to other sexual abuse." The term "coercion and
YES. All the elements influence" as appearing in the law is broad enough to cover "force and
intimidation" as used in the Information.
under Sec. 5 (b) of RA 7610 • AAA entrusted to petitioner her safety and that of her siblings, only to be
betrayed. In this situation, the Court finds that because of the relative
are present. seniority of petitioner and the trust reposed in him, petitioner abused the
full reliance of AAA and misused his ascendancy over the victim. These
circumstances can be equated with "intimidation" or "influence" exerted by
an adult, covered by Sec. 5 (b) of RA 7610. Ergo, the element of being
subjected to sexual abuse is met.
• In Olivarez v. Court of Appeals, the Court has similarly sustained the
Held
conviction of therein petitioner Isidro Olivarez (Olivarez) for violating Sec.
5, RA 7610. The absence of the phrase "exploited in prostitution or subject
to other sexual abuse" or even the specific mention of "coercion" or
"influence“ in the Information was never a bar for the Court to uphold the
finding of guilt against an accused for violation of RA 7610.
The decriminalization of Acts of Lasciviousness under the RPC would

Article 336 of the RPC not sufficiently be supplanted by RA 7610 and RA 9262, otherwise
known as the Anti-Violence Against Women and their Children Law
was never repealed by (Anti-VAWC Law).
• Under RA 7610, only minors can be considered victims of the
RA 8353. enumerated forms of abuses therein.
• Meanwhile, the Anti-VAWC law limits the victims of sexual abuses
covered by the RA to a wife, former wife, or any women with
whom the offender has had a dating or sexual relationship, or
against her child.
• Clearly, these laws do not provide ample protection against sexual
Held offenders who do not discriminate in selecting their victims. One

does not have to be a child before he or she can be victimized by
acts of lasciviousness. Nor does one have to be a woman with an
existing or prior relationship with the offender to fall prey.
Art. 336. Acts of lasciviousness. — Any person who shall
commit any act of lasciviousness upon other persons of
either sex, under any of the circumstances mentioned on the
preceding article, shall be punished by prision correccional.
Elements:
1. That the offender commits any act of lasciviousness or lewdness;

2. That it is done under any of the following circumstances:
a. Through force, threat, or intimidation;
b. When the offended party is deprived of reason or otherwise
unconscious;
c. By means of fraudulent machination or grave abuse of
authority;
d. When the offended party is under twelve (12) years of age
or is demented, even though none of the circumstances
mentioned above be present; and
e. That the offended party is another person of either sex.
Part III
Enacted in 2004, RA 9262 is a landmark legislation that defines and criminalizes

acts of violence against women and their children (VAWC) perpetrated by women's
Violence Against intimate partners, i.e., husband, former husband, or any person who has or had a
sexual or dating relationship, or with whom the woman has a common child, or
Women and Children against her child whether legitimate or illegitimate, within or without the family
abode, which result in or is likely to result in, inter alia, economic abuse.
Melgar v. People, G.R. No. 223477, February 14, 2018
Anti-Violence Against Women and
Their Children Act of 2004
AN ACT DEFINING VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS,
PRESCRIBING PENALTIES THEREFOR, AND FOR
OTHER PURPOSES
The National Commission on the Role of Filipino

Women (NCRFW) reported that, for the years 2000-2003,
"female violence comprised more than 90% of all forms of
abuse and violence and more than 90% of these reported
cases were committed by the women's intimate partners
such as their husbands and live-in partners."
Thus, on March 8, 2004, after nine (9) years of spirited

advocacy by women's groups, Congress enacted Republic
Act (R.A.) No. 9262.
- Garcia vs. Drilon, 712 PHIL 44

Anti-Violence Against Women and Their Children Act of 2004
SECTION 2.
Declaration of State Policy and Principles.
State values the dignity of women and children and

guarantees full respect for human rights. The State
also recognizes the need to protect the family and its
members particularly women and children, from
violence and threats to their personal safety and
security.
SECTION 3. Republic Act No. 9262
Definition of Terms
"Violence against women and their children"

Any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the
person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or
illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering,
or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.
Physical violence Sexual violence Psychological violence Economic Abuse

Acts that include An act which is sexual in Acts or omissions causing or Acts that make or attempt to
bodily or physical nature, committed against a likely to cause mental or make a woman financially
harm woman or her child emotional suffering of the dependent
victim
Definition of Terms
It includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a
woman or her child as a sex object, making
demeaning and sexually suggestive remarks, physically
attacking the sexual parts of the victim's body, forcing
her/him to watch obscene publications and indecent
shows or forcing the woman or her child to do
indecent acts and/or make films thereof, forcing the
wife and mistress/lover to live in the conjugal home or
Sexual violence sleep together in the same room with the abuser;
An act which is sexual in b) acts causing or attempting to cause the victim to engage
nature, committed against a in any sexual activity by force, threat of force, physical
or other harm or threat of physical or other harm or
woman or her child
coercion;
c) Prostituting the woman or her child.
Definition of Terms
Psychological violence It includes causing or allowing the victim to
Acts or omissions causing or likely to witness the physical, sexual or psychological abuse
of a member of the family to which the victim
cause mental or emotional suffering of
belongs, or to witness pornography in any form or
the victim such as but not limited to
to witness abusive injury to pets or to unlawful or
intimidation, harassment, stalking, unwanted deprivation of the right to custody
damage to property, public ridicule or and/or visitation of common children.
humiliation, repeated verbal abuse and
marital infidelity
Includes, but is not limited to the following:

Economic Abuse 1. withdrawal of financial support or preventing the
Acts that make or attempt to make victim from engaging in any legitimate profession,
occupation, business or activity, except in cases wherein
a woman financially dependent the other spouse/partner objects on valid, serious and
moral grounds as defined in Article 73 of the Family Code;
2. deprivation or threat of deprivation of financial
resources and the right to the use and enjoyment of the
conjugal, community or property owned in common;
3. destroying household property;
4. controlling the victim's own money or properties or
solely controlling the conjugal money or properties.
Definition of Terms
"Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to physical and psychological or emotional
distress.
"Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms found in women
living in battering relationships as a result of cumulative abuse.
"Stalking" refers to an intentional act committed by a person who, knowingly and without lawful justification follows the woman or
her child or places the woman or her child under surveillance directly or indirectly or a combination thereof.
"Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are
romantically involved over time and on a continuing basis during the course of the relationship. A casual acquaintance or ordinary
socialization between two individuals in a business or social context is not a dating relationship.
"Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common child.
"Safe Place or Shelter" refers to any home or institution maintained or managed by the Department of Social Welfare and
Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for the purposes of this Act or any
other suitable place the resident of which is willing temporarily to receive the victim.
"Children" refer to those below eighteen (18) years of age or older but are incapable of taking care of themselves as defined under
Republic Act No. 7610. As used in this Act, it includes the biological children of the victim and other children under her care.
Acts of Violence Against Women and Their Children
Sec. 5, RA 9262
Causing Threatening to Attempting to Placing the Inflicting or threatening

physical cause the woman cause the woman woman or her to inflict physical harm
harm to the or her child or her child child in fear of on oneself for the
woman or physical harm physical harm imminent purpose of controlling
Physical Harm her child (b) ( c) physical harm her actions or decisions
(a) (d) (f)
Attempting to:
• Compel or compelling the woman or her (1) Threatening to deprive or actually depriving the woman or her child of
custody or access to her/his family;
child to engage in conduct which the (2) Depriving or threatening to deprive the woman or her children of
woman or her child has the right to desist financial support legally due her or her family, or deliberately
from, vice versa providing the woman's children insufficient financial support;
• Restrict or restricting the woman's or her (3) Depriving or threatening to deprive the woman or her child of a legal
child's freedom of movement or conduct by right;
force or threat of force, physical or other (4) Preventing the woman in engaging in any legitimate profession,
Liberty harm or threat of physical or other harm, or
occupation, business or activity or controlling the victim's own money
or properties, or solely controlling the conjugal or common
(e) intimidation directed against the woman or money, or properties;)
child
Acts of Violence Against Women and Their Children
Sec. 5, RA 9262
Stalking or Peering in the Entering or Destroying the Engaging in any

Emotional or following window or remaining in the property and personal form of
the woman lingering outside dwelling or on the belongings or
psychological harassment or
or her child the residence of property of the inflicting harm to
distress violence
the woman or her woman or her child animals or pets of the
(h) against her/his will woman or her child
child
Causing or attempting to cause Causing mental or emotional anguish,

the woman or her child to public ridicule or humiliation to the
engage in any sexual activity woman or her child, including, but not
which does not constitute rape, limited to, repeated verbal and
by force or threat of force, emotional abuse, and denial of financial
physical harm, or through support or custody of minor children or
Sexual Act Not Rape intimidation directed against the Mental or Emotional denial of access to the woman's
woman or her child or her/his Anguish child/children.|||
(g)
immediate family
(i)
PENALTIES
Sec. 6, RA 9262
PHYSICAL HARM, Sec 5 (a)

• Attempted, frustrated or consummated parricide or murder or homicide - Committed while the woman or child
punished in accordance with the provisions of the Revised Penal Code. is pregnant, or committed in the
• Resulted in mutilation - punishable in accordance with the Revised Penal Code. presence of her child
• Serious physical injuries - prision mayor The penalty to be applied shall be the
• Less serious physical injuries - prision correccional maximum period of penalty prescribed in
• Slight physical injuries - arresto mayor. the section.
Threatening to cause harm, Sec 5 (b)
Imprisonment of two (2) degrees lower than the prescribed penalty for the consummated In addition to imprisonment:
crime of physical harm but shall in no case be lower than arresto mayor. (a) pay a fine in the amount of not less
than One hundred thousand pesos
• Attempting to cause harm & placing in fear of imminent harm, Sec 5 (c) and (d) - (P100,000.00) but not more than
arresto mayor Three hundred thousand pesos
• Restriction on liberty, Sec 5 (e) - prision correccional (P300,000.00);
• Self-harm, Sec 5(f) - arresto mayor
(b) undergo mandatory psychological
• Sexual act not rape, Sec 5(g) - prision mayor
• Emotional/psychological distress, mental anguish, Sec 5(h) and 5(i) - prision mayor. counseling or psychiatric
treatment and shall report
compliance to the court.
PROTECTION ORDERS
Sec. 8, RA 9262
A protection order is an order issued under this Act for the purpose of preventing further acts of violence against a woman or
her child specified in Section 5 of this Act and granting other necessary relief.
The relief granted under a protection order should serve the purpose of safeguarding the victim from further harm,
minimizing any disruption in the victim's daily life, and facilitating the opportunity and ability of the victim to
independently regain control over her life.
The provisions of the protection order shall be enforced by law enforcement agencies. The protection orders that may be issued
under this Act are the barangay protection order (BPO), temporary protection order (TPO) and permanent protection order
(PPO).
Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal separation or annulment or
declaration of absolute nullity of marriage.
The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from applying for, or the court
from granting a TPO or PPO.
PROTECTION ORDERS – Who may file petition
Sec. 9, RA 9262
• Offended party;
• Parents or guardians of the offended party;
• Ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;
• Officers or social workers of the DSWD or social workers of local government units (LGUs);
• Police officers, preferably those in charge of women and children's desks;
• Punong Barangay or Barangay Kagawad;
• Lawyer, counselor, therapist or healthcare provider of the petitioner;
• At least two (2) concerned responsible citizens of the city or municipality where the violence against women and
their children occurred and who has personal knowledge of the offense committed.
PROTECTION ORDERS – Who may file petition
Sec. 9, RA 9262
• Offended party;
• Parents or guardians of the offended party;
• Ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;
• Officers or social workers of the DSWD or social workers of local government units (LGUs);
• Police officers, preferably those in charge of women and children's desks;
• Punong Barangay or Barangay Kagawad;
• Lawyer, counselor, therapist or healthcare provider of the petitioner;
• At least two (2) concerned responsible citizens of the city or municipality where the violence against women and
their children occurred and who has personal knowledge of the offense committed.
PROTECTION ORDERS – How to apply
Sec. 11, RA 9262
If the applicant is not the victim, the application must be accompanied by an affidavit of the applicant
attesting to
(a) the circumstances of the abuse suffered by the victim and
(b) the circumstances of consent given by the victim for the filing of the application.
When disclosure of the address of the victim will pose danger to her life, it shall be so stated in the
application. In such a case, the applicant shall attest that the victim is residing in the municipality or city over
which court has territorial jurisdiction, and shall provide a mailing address for purposes of service processing.
PROTECTION ORDERS – Enforceability
Sec. 12, RA 9262
All TPOs and PPOs issued under this Act shall be enforceable anywhere
in the Philippines and a violation thereof shall be punishable with a fine
ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos
(P50,000.00) and/or imprisonment of six (6) months.
PROTECTION ORDERS
Sec. 14, 15, 16, RA 9262
BPO TPO PPO
Barangay Protection Order Temporary Protection Order Permanent Protection Order
Definition PO issued by the Punong Barangay PO issued by the court on the date of PO issued by the court after notice
ordering the perpetrator to desist filing of the application after ex parte and hearing.
from committing acts under Section determination that such order should
5(a) and (b) of RA 9262 be issued
Where to apply Barangay Hall RTC designated as Family Court (Sec. 7)
• If not available in jurisdiction, regional trial court, metropolitan trial court,
municipal trial court, municipal circuit trial court ( Sec 10 )
Who may issue Punong Barangay (Captain) Court Court
• Brgy. Kagawad if Captain not available,
with attestation
Effectivity 15 days 30 days Effective until revoked by a court

upon application of the person in
whose favor the order was issued
Benefits Perpetrator to desist from committing Full or partial grant of reliefs prayed Full or partial grant of reliefs prayed
acts under Section 5(a) and (b)
Others Parties may be accompanied by a The court shall schedule a hearing on Respondents non-appearance shall
non-lawyer advocate in any the issuance of a PPO prior to or on not be a ground for rescheduling or
proceeding before the Punong the date of the expiration of the TPO postponing the hearing on the merits
Barangay. of the issuance of a PPO.
Battered Woman Syndrome
as a Defense.
Sec. 26, RA 9262
Victim-survivors who are found by the courts to be
suffering from battered woman syndrome do not incur any
criminal and civil liability notwithstanding the absence of any
of the elements for justifying circumstances of self-defense
under the Revised Penal Code.
In the determination of the state of mind of the woman

who was suffering from battered woman syndrome at the
time of the commission of the crime, the courts shall be
assisted by expert psychiatrists/psychologists.
The Genosa ruling states that BWS is valid as a defense when all
the requisites of self-defense are present. Sec. 26 abandons the
precedent set by Genosa case.
People vs. Genosa Doctrine
Battered Woman Syndrome
• The battered woman syndrome (BWS) is characterized by
a “cycle of violence”, which is made up of three phases.
For the BWS to be available as a defense, it must be
proven that there has been more than one cycle.
• Scientifically defined pattern of psychological and
behavioral symptoms found in women living in battering
relationships as a result of cumulative abuse.
Characteristics of BWS
1. The woman believes that the violence was her fault;
2. She has an inability to place the responsibility for the
violence elsewhere;
3. She fears for her life and/or her children’s life
4. She has an irrational belief that the abuser is
omnipresent and omniscient.
Battered Woman Syndrome Cycle
Tension Building Phase Acute Battering Incident Tranquil Period
▪ Where minor battering occurs, it ▪ Characterized by brutality, destructiveness, ▪ Characterized by guilt on the part of
could be a verbal or slight physical and sometimes death. the batterer and forgiveness on the
abuse or another form of hostile ▪ The battered woman has no control; only part of the woman.
behavior. ▪ The batterer may show a tender
▪ The woman tries to pacify the
the batterer can stop the violence. and nurturing behavior towards his
batterer. ▪ The battered woman realizes that she partner and the woman also tries to
▪ But this proves to be unsuccessful cannot reason with him and resistance convince herself that the battery
as it only gives the batterer the would only worsen her condition. will never happen again and that
notion that he has the right to her partner will change for the
abuse her. better.
People vs. Genosa
15 January 2004 | Panganiban, J.
FACTS:
• Marivic Genosa admitted to killing her husband in his
sleep, but alleged that she acted in self-defense as she
was suffering from violence at the hands of the victim,
emphasizing that he would regularly go home drunk
and would commit acts of violence against her,
ISSUE:
ultimately making her suffer from the so-called “Battered
Woman Syndrome”.
Whether or not Battered Woman
• Professional witnesses, psychiatrists in Leyte, attested Syndrome may be used as a form of
that defendant was showing signs common to victims of
battery at the hands of their husbands or partners.
self-defense. – NO
• The trial court convicted defendant of the crime, with
the aggravating circumstance of treachery because
victim was supposedly defenseless when he was killed.
People vs. Genosa
15 January 2004 | Panganiban, J.
• The Court refused to recognize the Battered Woman Syndrome as a form of

self-defense.
NO. BWS is valid as a • The Court however did not discount the possibility of self-defense arising from
the battered woman syndrome, and outlined the elements which may satisfy
such circumstance:
defense when all the requisites 1. Each of the phases of the cycle of violence must be proven to have
of self-defense are present. characterized at least two battering episodes between the appellant and
her intimate partner;
2. The final acute battering episode preceding the killing of the batterer
must have produced in the battered person's mind an actual fear of an
imminent harm from her batterer and an honest belief that she needed
to use force in order to save her life; and
3. At the time of the killing, the batterer must have posed probable — not
Held necessarily immediate and actual — grave harm to the accused, based
on the history of violence perpetrated by the former against the latter.
• While the Court established the elements of self-defense arising from the
Battered Woman Syndrome, it likewise said that not all of the elements were
satisfied by the present case.
Ang vs. Court of Appeals
April 20, 2010 | Abad, J.
FACTS:
• Irish received through MMS a picture of a naked woman
with her face superimposed on the figure from Rustan, her
ex-bf. After she got the obscene picture, Irish got other
text messages from Rustan. He also threatened to spread
the picture through the internet.
ISSUE:
• Irish sought the help of the police in apprehending
Rustan. Police officers intercepted and arrested him. They Whether or not Ang is guilty of the
searched him and seized his Sony Ericsson P900 cellphone violation of Section 5(h) of R.A. 9262 -
and several SIM cards. While Rustan was being questioned
at the police station, he shouted at Irish: "Malandi ka kasi!“ Yes
• The RTC found Irish's testimony completely credible. The
trial court found Rustan guilty of the violation of Section
5(h) of R.A. 9262. The CA affirmed the RTC decision.
Ang vs. Court of Appeals
April 20, 2010 | Abad, J.
The Court resolved each of petitioner’s contentions, as follows:

YES. Section 3(a) of R.A.
9262 provides that violence 1. Under Section 3, violence against women… refers to any act or a
series of acts committed by any person against a woman… with
against women includes an act or
whom the person has or had a sexual or dating relationship.
acts of a person against a woman Clearly, the law itself distinguishes a sexual relationship from a dating
with whom he has or had a sexual relationship and contemplates, therefore, that it can exist even
or dating relationship. without a sexual intercourse taking place between those involved.
2. Section 3 punishes any act or series of acts that constitutes violence
against women. This means that a single act of harassment, which
translates into violence, would be enough. The object of the law is
to protect women and children. Punishing only violence that is
Held repeatedly committed would license isolated ones.

Garcia v. Drilon
June 25, 2013 | Perlas-Bernabe, J.
FACTS:
• Private respondent Rosalie Jaype-Garcia:
- filed for herself and in behalf of her minor children, a
TPO against her husband, Jesus C. Garcia (petitioner)
- claims to be a victim of physical abuse; emotional,
psychological, and economic violence as a result of
ISSUE:
marital infidelity on the part of petitioner, with threats
of deprivation of custody of her children and of Whether or not VAWC is
financial support discriminatory, unjust, and violative of
• Petitioner Jesus Garcia assailed the constitutionality of RA
9262: the equal protection clause as it only
R.A. 9262 is intended to prevent and criminalize spousal and
child abuse, which could very well be committed by either the
protects women and children – NO
husband or the wife, so gender alone is not enough basis to
deprive the husband/father of the remedies under the law
Garcia v. Drilon
On equal protection
RA 9262 is 1. Equal protection allows classification that is germane to the

purpose of the law; that it must not be limited to existing
constitutional. conditions only; and that it must apply equally to each member
of the class.
2. R.A. 9262 is based on a valid classification and did not violate the
equal protection clause by favoring women over men as victims
of violence and abuse to whom the State extends its protection:
Rests on substantial distinctions:
Held 1. Unequal power relationship,

2. Women are the usual and most likely victims of violence
3. Gender bias and prejudices
Garcia v. Drilon
No merit to the contention that R.A. 9262 singles out the

RA 9262 is husband or father as the culprit.
constitutional. 1. VAWC may likewise be committed “against a woman with whom

the person has or had a sexual or dating relationship.” Clearly, the
use of the gender-neutral word “person” who has or had a sexual
or dating relationship with the woman encompasses even lesbian
relationships.
2. Moreover, while the law provides that the offender be related or
connected to the victim by marriage, former marriage, or a
Held sexual or dating relationship, it does not preclude the application

of the principle of conspiracy under the RPC.
Republic vs. Daisy Yahon
June 16, 2014 | J. Villarama Jr.
FACTS:
The AFP Finance Center filed a motion to lift
the protection orders issued under RA 9262 ISSUE:
against it in favor of Daisy Yahon. Said
orders require it to set aside 50% of S/Sgt Whether or not a military institution may be
Charles Yahon’s benefits and issue the same ordered to automatically deduct a percentage
to Daisy, It argues that there are laws that from the retirement benefits of its enlisted
prevent the garnishment of the benefits. personnel and to give the same directly to the
Further, it argues that the money, for as personnel’s wife as spousal support in
long as it remains. compliance with a protection order issued -
YES
Republic vs. Daisy Yahon
June 16, 2014 | J. Villarama Jr.
Court held that RA 9262, being the later law, will prevail over the older laws. Further,
RA 9262, being the the law contemplates that all employers can be bound to the requirements of the
court under it.
later law, will prevail Section 8(g) of RA 9262 allows that the court may order an appropriate percentage
of the income or salary to be withheld regularly by the employer. The same is to be
automatically remitted directly to the woman. Failure to remit and/or withhold or any
over the older laws. delay in the remittance to the support of the woman and/or her child without
justifiable cause shall render the respondent or his employer liable for indirect
contempt of court.
Since RA 9262 is the later law compared to the laws being raised by AFPFC, it must
prevail as per statutory construction as later laws are the latest expression of
Held
legislative will.
On the matter of the benefits being gov’t money, RA 9262 used the general term
“employer”. Since the law does not distinguish, the court must not distinguish.
Therefore the term employer applies to all employers whether private or gov’t and
must apply to the military institution being S/Sgt Yahon’s employer.
Del Socorro vs. Van Wilsen
December 10, 2014 | Peralta, J.
FACTS:
Petitioner Norma A. Del Socorro and respondent Ernst Johan
Brinkman Van Wilsem ended their marriage on July 19,
1995 by virtue of a divorce decree issued in Holland. At
this point, their son was only 18 months old. Norma and
her son came back to the Philippines.
ISSUES:
• Petitioner states that respondent made a promise to 1. Whether or not a foreign national has an
provide monthly support which was never given.
• Soon after, respondent came back to the Philippines and obligation to support his minor child under
remarried in Cebu, and thereafter has been residing there. Philippine Law – YES
• Petitioner sent a letter demanding support from
respondent, but he refused to receive the same. Petitioner 2. Whether or not a foreign national can be
then filed a complaint against respondent for violation of held criminally liable under RA No. 9262
Section 5(e) of RA No. 9262 for his unjust refusal to
support his minor child with petitioner. for his unjustified failure to support his
• The RTC dismissed the instant criminal case on the ground minor child - YES
that the facts charged do not constitute an offense with
respect to the respondent who is an alien.
▪ Petitioner invokes Article 195 of the Family Code, arging that despite the
ISSUE 1 divorce decree, Van Wilsen should not be excused from compliance with the
obligation to support his child. Respondent then argues that said provision
Court ruled that he is still of the Family Code cannot be relied on.
obliged to support his son based ▪ Court ruled that the petitioner cannot rely on Article 195. Because of the
Principle of Nationality, Philippine laws only apply to Filipino citizens.
on principles of international Consequently, foreigners are governed by their national laws.
▪ Despite this, the Court ruled that he is still obliged to support his son based
law. on principles of international law, which states that the party who wants to
have a foreign law applied to a case has the burden of proving the foreign
law. In this case, respondent never proved to the Court that the laws of
Netherlands provided that he was not obligated to support his son.
▪ Because he was not able to prove the same, the Doctrine of Processual
Held Presumption governs, wherein if the foreign law involved is not properly
pleaded and proved, our courts will presume that the foreign law is the same
as our local or domestic law. Also, when a foreign law is contrary to sound
and established public policy, said foreign law shall not be applied.
▪ To determine is a person can be criminally liable under RA No. 9262, it is

ISSUE 2 imperative that the legal obligation to support actually exists. Because it
has been established above that it exist, then the respondent may be made
Deprivation or denial of liable under Section 5(e) and (i) of RA No. 9262 for unjustly refusing or
financial support is considered failing to give support to his son.
▪ In the said law, the deprivation or denial of financial support is
an act of violence against considered an act of violence against women and children.
▪ Respondent is also liable because of the Territoriality Principle, which
women and children. provides that penal laws shall be obligatory on all who live in Philippine
territory. Because he had been living in Cebu during the pendency of this
case, then his act of refusing to support his child is committed in the
Philippines as well. Philippine Courts then have the jurisdiction over the
offense charged.
Held ▪ Respondent also argues that the criminal liability has been extinguished
because the crime has prescribed, but under Section 24 of RA No. 9262,
the prescriptive period is 20 years. Aside from that, the act of denying
support is considered a continuing offense, which is still ongoing at present.
Dinamling vs. People
June 22, 2015 | Peralta, J.
FACTS:
• Dinamling is charged with violation RA 9262
for inflicting psychological violence against
AAA. ISSUES:
• Dinamling was then charged with two
violations of VAWC. Whether or not Dinamling is guilty of
violating RA 9262 (VAWC)? - NO
Dinamling vs. People
June 22, 2015 | Peralta, J.
AAA’s testimony narrating the specific events that led to the charges was clear, categorical and
straightforward
The testimony is given further credence when AAA stated that the aborted baby was Dinamling’s
and that she had also developed a fear to the sound of his motorcycle as it signalled that she or her
children were about to be abused.
Additionally, the testimony of AAA’s mother supports the charges as well as it established
• how Dinamling was abusive when she saw bluish spots on AAA’s body as having knowledge
• as well that Dinamling was already married to another woman while he had a relationship with AAA.
The testimonies suffice to establish the elements of the crime as defined in Sec. 5(i) of RA 9262 in both
charges filed againsts Dinamling. It also bears emphasizes that Sec. 5 (i) penalizes some forms of
Held
psychological violence as defined in Sec. 3 (a).

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THE PHILIPPINE

Throughout our recorded history, rape has

The amendments removed certain aspects of the law prejudicial to

Penalty shall be reclusion perpetua.

In case it is the legal husband who is the

If the victim is 12 years or older, offender should be charged

Rape cannot be complexed with a violation of Sec. 5(b) of

• State vs. Johnson:

Held • As Hernandez succeeded in a partial penetration, the crime must be

• Uncorroborated testimony of offended party is frequently

(1) An accusation for rape can be made with facility: it is

• If the rape is made by force, violence or intimidation, it is self-

• The Court held that the evidence proved that

• If the victim was under eighteen (18) years of age

A survey of our jurisprudence reveals that the

The offenses of seduction, abduction, rape, or acts of lasciviousness, shall not be

In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of

• In the case at bar, two of the six instances of rape (1989

▪ Pursuant to Section 11 of RA 7659, the court a quo imposed the

Yes. Victim is credible.

Held appropriate imposable penalty should be that provided in Section 5

The Prosecution presented sufficient circumstantial evidence

Article 266-B. Penalties. — Rape under paragraph 1 of

Hence, even if any or all of the circumstances (treachery,

People vs. Dion:

• The Court held that carnal knowledge of a

• SC held that clearly, it is now acknowledged that rape, as a form of

Held possibility of an erection and penetration. This result does not

• The Court modifed the penalty imposed by the

No. A mere attempt to • Force as an element of rape, must be sufficient to consummate

• The Court it found circumstances that cast doubt on the

It is not necessary that the force employed against the complaining

Intimidation, viewed in light of

The kind of force or violence, threat or

“Deprived of reason or unconscious” means that

“Carnal knowledge is defined as the act of a man having sexual bodily

R.A. No. 7610 took effect on June 20, 1992.

“[Republic Act No. 7610] supplies the inadequacies of

Penalty: Reclusion Temporal in its medium period to Reclusion Perpetua

Engaging in or promoting, Committing the act of sexual Deriving profit or advantage

Elements of paragraph (b) are:

Victim is under twelve (12) years of age:

Person is found alone with Person is receiving services

Engaging in trading and dealing with

Any ascendant, guardian, or person entrusted in any

• The offended party shall be immediately placed under the

• Cases shall be heard in the Regional Trial Court duly designated as

• Any provision of existing law to the contrary notwithstanding and

• Cases shall be heard in the Regional Trial Court duly designated as

• Any provision of existing law to the contrary notwithstanding and

Offender is a corporation, partnership or association - the

• Perpetrator is an ascendant, parent guardian, stepparent or collateral

• The information against petitioner did not allege anything

Held ascendancy of the accused.

• Since the penalty provided in RA 7610 is taken from the range of

(g) "Sexual abuse" includes the employment, use, persuasion, inducement,

(h) "Lascivious conduct" means the intentional touching, either directly or

A child is deemed exploited in prostitution

Held which ranges from 1 day to 30 days of imprisonment.

YES. The acts complained

• Maltreatment may consist of an act by deeds or by words that

• The allegations are sufficient to classify the victim as one "exploited in