Child Abuse under Sec. 5(b), RA 7610 is only for children above 12 years old

People vs Optana, G.R. No. 133922.  February 12, 2001


"Anent the numerous informations filed, the trial court corrected the erroneous filing of these informations as it explained:

It will be noted, however, that for the same act committed on the same date by the accused on the same offended party, the accused stands charged with two offenses: for violation of Section 5, paragraph (b) of Republic Act 7610 and for rape committed through force and intimidation. Thus: (1) in Criminal Case Nos. 482-95 and 487-95, the accused was charged with rape and violation of Section 5 paragraph (b) of Republic Act 7610, respectively, committed on the same date, October 1995, when the victim was 13 years old and 9 months; (2) in Criminal Case Nos. 484-95 and 488-95, the Informations charged rape and violation of the same special law, respectively, committed on the same date, September 1995, when the victim was 13 years and 9 months old; (3) in Criminal Case Nos. 483-95 and 489-95, the accused was charged with rape and violation of the same special law, respectively, committed in October 1995 when the child was 11 years and 10 months old; and (4) in Criminal Case Nos. 485-95 and 486-95, the accused was charged with rape and violation of the same special law, respectively, committed in September 1993 when the victim was 11 years and 9 months old.

Charging the accused with two different offenses for the same act committed on the same date against the said victim is erroneous as it is illegal, except where the law itself so allows.  Section 5 (b) Republic Act 7610, however, does not so allow.  The said law in fact provides that if the child is below 12 years old, the accused must be prosecuted under Article 335 of the Revised Penal Code.  Conversely, if the child is above 12 years old but below 18 years old, then the accused must be prosecuted under Republic Act 7610 for the so called "child abuse."

The trial court correctly convicted the accused for Rape under Article 335 of the RPC in Criminal Case No. 485-95 for it was clearly proven that the accused had carnal knowledge with the victim through force and intimidation on that fateful day in September, 1993. This was the first time the accused raped Maria Rizalina who was able to give a detailed account of this traumatic experience. She was below 12 years old at that time. While Maria Rizalina also testified that she was raped several times after September, 1993, the prosecution, however, failed to establish the material details as to the time, place, and manner by which these offenses were committed. There is still a need for proof beyond reasonable doubt that the offenses alleged in the informations were indeed committed. Thus, the trial court acquitted the accused under Criminal Case Nos. 482-95, 483-95, 484-95, 486-95, 488-95, 489-95 for want of sufficient evidence."(underscore in the original)


Random thought:

Age is material in what crime is to be charged. If the child is below 12, it should be Rape under the Revised Penal Code. If above 12 but below 18, it should be child abuse.


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