Unts Digests 1

Case Title: Caballo v People

Reference No.: GR No. 198732

Q: Reiteration of ruling in Malto; importance of Section 10, Art. III
of RA 7610; definition of coercion and inducement
FACTS:

Decision of the RTC of Surigao City finding petitioner

Caballo guilty beyond reasonable doubt of violating Section
10(a) of RA 7610
Caballo is a 23 year old man who took advantage of the
innocence and lack of worldly experience of AAA who was
only 17 years old
o Caballo is the student of AAAs uncle
o Caballo allegedly willfully, unlawfully and feloniously
committed sexual abuse upon AAA by persuading
and inducing the latter to have sexual intercourse
with him, which ultimately resulted to her untimely
pregnancy and delivery of a baby on March 8, 1999,
a condition prejudicial to her development, to the
damage and prejudice of AAA
During the trial the prosecution asserted that Caballo was
only able to induce AAA to lose her virginity due to
promises of marriage and his assurance that he would not
get her pregnant due to the use of the withdrawal
method; the prosecution also claimed that Caballo was
shocked to the news of AAAs pregnancy and advised her
to have an abortion
The RTC found Caballo guilty beyond reasonable doubt of
violation of Section 10(a), Article VI of RA 7610, in relation
to Section 2 of the Rules on Child Abuse Cases
The CA dismissed the appeal and affirmed with
modification the RTCs ruling, finding Caballo guilty of
violating Section 5(b), Article III of RA 7610
o While the Amended Information denominated the
crime charged as violation of Section 10(a), Article
VI of RA 7610, the statements in its body actually
support a charge of violation of Section 5(b), Article
III of RA 7610

It found that the evidence adduced by the

prosecution clearly showed that Caballo persuaded,
induced and enticed AAA, then a minor, to have
carnal knowledge with him
It was upon these repeated coaxing and
assuring words that AAA succumbed to
Caballos cvild desires which deflowered and
got her pregnant

ISSUE/S:
W/N the interpretation of the phrase due to the coercion or
influence of any adultwhich would then hold petitioner liable
under Section 5, Article III of RA 7610, is correctly defined in the
decision of the CA
HELD:

Caballo essentially argues that his promise to marry or his

use of the withdrawal method should not be considered as
persuasion or inducement sufficient to convict him for
the aforementioned offense
o He also alleges that he and AAA were sweethearts
Respondent advances the argument that there was no
sexual abuse since it was only upon Caballos repeated
assurances and persuasion that AA gave in to his worldly
desires
Olivarez v CA, elements of Section 5, Article III of RA 7610:
o Accused commits the act of sexual intercourse or
lascivious conduct
o The said act is performed with a child exploited in
prostitution or subjected to other sexual abuse; and
o The child, whether male or female, is below 18
years of age
The first and third elements are undisputedly present in the
case
What is in question is the presence of the second element
o Caballo submits that AAA could not be considered
as a child exploited in prostitution and other sexual
abuse since the incidents do not point to any form
of coercion or influence on Caballos part

Unts Digests 2

RA 7610 was meant to advance the state policy of affording

special protection to chidren from all forms of abuse,
neglect, cruely, exploitation and discrimination and other
conditions prejudicial to their development
o Section 5 provides a definition of who is considered
a child exploited in prostitution and other sexual
abuse
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
o The law not only covers a situation in which a child
is abused for profit, but also one in which a child,
through coercion or intimidation, engages in
lascivious conduct
Sexual intercourse or lascivious conduct under the coercion
or influence of any adult exists when there is some form of
compulsion equivalent to intimidation which subdues the
free exercise of the offended partys free will
o Influence: improper use of power or trust in any way
that deprives a person of free will and substitutes
anothers objective
o Coercion: improper use of power to compel another
to submit to the wishes of one who wields it

SC: Caballos actuations may be classified as coercion

and influence within the purview of Section 5, Article III of
RA 7610
o AAA was a minor at the time of commission, who is
not fully capable of understanding or knowing the
import of her actions;
consent is immaterial in cases involving a
violation of Section 5, Article III of RA 7610
(Malto Ruling: unlike rape, therefore, consent
is immaterial in cases involving violation of
Sec.5, Art. III of RA 7610; the mere act of
having sexual intercourse or committing
lascivious conduct with a child who is
exploited in prostitution or subjected to
sexual abuse constitutes the offenseit is
mala prohibitum, an evil that is proscribed
o Age disparity between an adult and a minor placed
Caballo in a stronger position over AAA so as to
enable him to force his will upon the latter
o Caballos actions effectively constitute overt acts of
coercion and influenceCaballo repeatedly assured
AAA of his love for her, and even, promised to marry
her; in addition he also guaranteed that she would
not get pregnant since he would be using the
withdrawal method for safety
Finding all elements to be present, the Court hereby
sustains Caballos conviction for violation of Section 5(b),
Article III of RA 7610