The Supreme Court (SC) has clarified when acts involving minors fall under the child abuse law (RA 7610) and when they should instead be prosecuted under the Revised Penal Code (RPC).

In a decision written by Associate Justice Henri Jean Paul B. Inting, the Court upheld the conviction of Jeffrey L. Gramatica under RA 7610. However, it lowered the conviction of another accused, identified as XXX266039, to acts of lasciviousness under the RPC.

The cases involved three minors: AAA, BBB, and CCC.

BBB, 14, engaged in sexual acts with Gramatica in exchange for shabu. The Court ruled that she was a victim of sexual abuse because she was influenced and taken advantage of due to her age and situation. Even if she appeared to agree, her consent was not considered valid.

Because of this, the SC upheld Gramatica’s conviction under RA 7610, which penalizes sexual abuse of minors exploited in prostitution or similar situations.

In a separate incident, CCC, 17, was abused by her grandfather, XXX266039, who touched her while she was asleep.

The SC ruled that RA 7610 does not apply in this case because CCC did not give any form of consent—she was unconscious. Instead, the act falls under the crime of acts of lasciviousness under the RPC, which covers cases involving force, intimidation, or abuse of authority.

The Court stressed that not all sexual acts involving minors are covered by RA 7610. The law applies mainly when a minor appears to “consent” but is actually being pressured, influenced, or exploited by an adult.

To guide courts and prosecutors, the SC laid down key rules:

RA 7610 applies to minors aged 16 to below 18 who are sexually abused through influence or pressure.
It covers situations where the minor seems to agree, but the consent is not freely given.
Cases involving force, intimidation, or when the victim is unconscious fall under the RPC.
If the victim is below 16, the crime may be rape or acts of lasciviousness under the RPC.
Gramatica was sentenced to up to 17 years in prison and ordered to pay damages and a fine.

XXX266039 was sentenced to up to six years in prison and ordered to pay damages to the victim.

The SC noted that the grandfather received a lighter penalty under current laws despite the seriousness of his act. It urged Congress to review and amend existing laws to better protect children from abuse.


SC clarifies when child abuse law applies in lascivious conduct cases

By Joyce Sabado
The Supreme Court (SC) has clarified when acts involving minors fall under the child abuse law (RA 7610) and when they should instead be prosecuted under the Revised Penal Code (RPC).

In a decision written by Associate Justice Henri Jean Paul B. Inting, the Court upheld the conviction of Jeffrey L. Gramatica under RA 7610. However, it lowered the conviction of another accused, identified as XXX266039, to acts of lasciviousness under the RPC.

The cases involved three minors: AAA, BBB, and CCC.

BBB, 14, engaged in sexual acts with Gramatica in exchange for shabu. The Court ruled that she was a victim of sexual abuse because she was influenced and taken advantage of due to her age and situation. Even if she appeared to agree, her consent was not considered valid.

Because of this, the SC upheld Gramatica’s conviction under RA 7610, which penalizes sexual abuse of minors exploited in prostitution or similar situations.

In a separate incident, CCC, 17, was abused by her grandfather, XXX266039, who touched her while she was asleep.

The SC ruled that RA 7610 does not apply in this case because CCC did not give any form of consent—she was unconscious. Instead, the act falls under the crime of acts of lasciviousness under the RPC, which covers cases involving force, intimidation, or abuse of authority.

The Court stressed that not all sexual acts involving minors are covered by RA 7610. The law applies mainly when a minor appears to “consent” but is actually being pressured, influenced, or exploited by an adult.

To guide courts and prosecutors, the SC laid down key rules:

RA 7610 applies to minors aged 16 to below 18 who are sexually abused through influence or pressure.
It covers situations where the minor seems to agree, but the consent is not freely given.
Cases involving force, intimidation, or when the victim is unconscious fall under the RPC.
If the victim is below 16, the crime may be rape or acts of lasciviousness under the RPC.
Gramatica was sentenced to up to 17 years in prison and ordered to pay damages and a fine.

XXX266039 was sentenced to up to six years in prison and ordered to pay damages to the victim.

The SC noted that the grandfather received a lighter penalty under current laws despite the seriousness of his act. It urged Congress to review and amend existing laws to better protect children from abuse.