Question & AnswerQ&A (Republic Act No. 11648)
The new age is under sixteen (16) years old. Rape is committed when the offended party is under sixteen (16) years of age or is demented, even if none of the other specified circumstances are present.
There is no criminal liability when the age difference between the parties is not more than three (3) years, and the sexual act is proven to be consensual, non-abusive, and non-exploitative. This exception does not apply if the victim is under thirteen (13) years of age.
'Non-abusive' means the absence of undue influence, intimidation, fraudulent machinations, coercion, threat, or any physical, sexual, psychological, or mental injury or maltreatment during the sexual activities. 'Non-exploitative' means there is no act or attempted act of unfairly taking advantage of the child's vulnerability, differential power, or trust during the sexual activities.
Article 337 now punishes the qualified seduction of a minor sixteen (16) and over but under eighteen (18) years old by persons in authority or entrusted with the minor's education or custody with prision correccional in its minimum and medium periods. The penalty next higher in degree applies if the offender seduces his sister or descendant regardless of virginity or age.
Simple seduction committed by means of deceit on a minor sixteen (16) and over but under eighteen (18) years old shall be punished by arresto mayor.
When the victim is under sixteen (16) years old, perpetrators committing sexual intercourse or lascivious conduct shall be prosecuted for rape or lascivious conduct under corresponding penal code articles, with the penalty for lascivious conduct being reclusion perpetua in its medium period.
Any person engaging in trading or dealing with children for money, barter, or consideration shall suffer a penalty ranging from reclusion temporal to reclusion perpetua. The maximum period is imposed if the victim is under sixteen (16) years old.
Such person shall suffer prision mayor in its medium period, and if the child is under eighteen (18) years old, the penalty shall be imposed in its maximum period.
It prohibits keeping or having in company a minor sixteen (16) or under or who is ten (10) years or more junior in certain public or private places such as hotels, motels, beer joints, etc., with penalties of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000.00), except for certain family or legal relations.
Institutions engaged in education or care of children must include continuing staff development on duties in identifying, responding, and reporting rape and sexual offenses. The Department of Education must include age-appropriate lessons on children's rights and protection related to this Act in the basic education curriculum.