Case Digest (G.R. No. 171863)
Facts:
People of the Philippines v. The Honorable Court of Appeals (Second Division) and Gaspar Olayon, G.R. No. 171863, August 20, 2008, the Supreme Court Second Division, Carpio Morales, J., writing for the Court.The respondent, Gaspar Olayon, then 22 years old, was criminally charged in the Regional Trial Court (RTC) of Pasig City in three informations (Criminal Case Nos. 112571, 112572 and 116350) alleging sexual intercourse and lascivious acts upon a 14‑year‑old female identified as AAA. The two counts in Nos. 112571–72 charged violation of Section 10(a) of Republic Act No. 7610; the Taguig/RTC count (No. 116350) charged acts of lasciviousness. The Taguig case was transferred and the three cases were consolidated and jointly tried before Branch 158, RTC, Pasig City.
By Decision dated January 15, 2002, the trial court acquitted Olayon in Criminal Case No. 116350 but convicted him in Criminal Case Nos. 112571–72 for violation of Section 10(a), reasoning that although the minor may have consented, the accused "took advantage of [the child's] minority" and consent is not a defense under the special law; Olayon was sentenced to prision mayor for each count. On appeal, the Court of Appeals reversed and acquitted Olayon in a Decision of January 13, 2006, holding that "acts of child abuse" under Section 10(a) are distinct from "sexual abuse" under Section 5 and that consensual sexual intercourse without coercion does not constitute the latter.
The People filed a petition for certiorari under Rule...(Subscriber-Only)
Issues:
- Did the Court of Appeals commit grave abuse of discretion amounting to lack or excess of jurisdiction in acquitting Gaspar Olayon under Section 10(a) of RA 7610?
- Does consensual sexual intercourse with a 14‑year‑old automatically constitute "other acts of child abuse" punishable under Section 10(a) of RA 7610?
- Can consensual sexual intercourse or lascivious conduct with a minor (not exploited in prostitution) be punished under Section 5(b) of RA 7610 absent persuasion, in...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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