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COLLEGE OF LAW
A.Y. 2017-2018
STRANGER DANGER!
The Feasibility of a Sex Offender Registry in the Republic of the Philippines
Submitted by:
Submitted to:
Atty. Gil Anthony Aquino
The history of sex offenders’ registration started in 1994 as a quick response to the brutal
rape and murder of 7-year-old Megan Kanka from New Jersey. In the aftermath, her parents said
they never would have let her play outside unsupervised if they had known that their neighbor —
who had lured Megan to his house by saying he wanted her to meet his new puppy — was a sex
offender who had already gone to jail for other violence and sex-related crimes. This statement
sparked a nationwide outcry that led the United States government to pass “Megan’s Laws,”
requiring communities to be notified when sex offenders moved into their neighborhoods.
Sex offender registration laws are a kind of criminal legislation that require sex offenders
to provide information about themselves to some division of government and are intended to aid
law enforcement in the monitoring and apprehending of offenders & known recidivists.1 They
are different from Notification laws as these mandate the dissemination of information about sex
offenders to the public and its aim to reduce crime through greater public awareness of nearby
offenders.2
Twenty-three years and countless Megan Kankas later, the Philippines is slowly but
surely modernizing its views on sensitive social issues - especially and particularly with regard to
the treatment of women and children. While the language used by some of the older laws and
Codes remain archaic and reflective of the patriarchal culture in the country, the idea of creating
a Registry of Sex Offenders could be a step toward ensuring that the vulnerable are protected.
However, the creation of such a registry is not without hurdles. As early as July 2007,
former Senator Miriam Defensor Santiago filed Senate Bill No. 17873 which introduced the idea
of the creation of a system of registration and notification for sex offenders and providing a
penalty for non-compliance. Years later, another bill was introduced in the Sixteenth Congress
by ACT-CIS party-list Representative Samuel Pagdilao that will require all convicted sex
1
Prescott, J.J., Do Sex Offender Registries Make Us Less Safe?, University of Michigan School of Law School Scholarship Repository,
available at https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1078&context=articl (last accessed Dec. 22, 2017)
2
Ibid.
3
An Act to Create a System of Registration and Notification for Sex Offenders and Providing a Penalty for Non-Compliance [Sex Offender
Registration of 2007], S.B. No. 1787, 14th Cong., 3d Reg. Sess. (2007)
offenders, both local and foreign nationals to register to give sufficient information to law
enforcement agencies of the possible threat that these sex offenders might present.4
The Constitution provides that the State values the dignity of every human person and
guarantees full respect for human rights.5 At the same time, the State recognizes the vital role of
the youth in nation-building and shall promote and protect their physical, moral, spiritual,
intellectual, and social well-being6 as well as the role of women in nation-building, and shall
ensure the fundamental equality before the law of women and men7. However, the Bill of Rights
requires that a person’s right to privacy to be respected but the same also requires that the people
That said, a look at the feasibility of the creation of a sex offender registry in the
Philippines must be carefully studied as its passage into law, though possibly effective in curbing
recidivism risk in offenders after release, may be deemed unconstitutional for clashing with
Title 1 of the Adam Walsh Child Protection and Safety Act of 2006 established a
comprehensive, national sex offender registration system called the Sex Offender Registration
and Notification Act (SORNA). SORNA defines “sex offender” to mean an individual who is
convicted of a sex offense and sex offenses covered by the same are divided into five (5) classes,
namely: (1) Specified offenses against minors; (2) Specified federal offenses; (3) Sexual acts and
sexual contact offenses; (4) Specified military offenses; and (5) Attempts and conspiracies.
4
Solon Seeks Creation of a National Sex Offender Registry System, Press and Public Affairs Bureau, House of Representatives (Dec. 27, 2015)
5
PHIL. CONST., Art. II, § 12
6
Ibid., § 13
7
Ibid., § 14
8
Ibid., § 7
The rights being touted by the protesting side of the fence are the right to gainful
David Millard, a registered offender from Denver Colorado, pleaded guilty to second-
degree sexual assault on a minor in 1999 and was sentenced to 90 days in a jail work release
program and 8 years of probation. In 2003, he lost his job at a supermarket chain after a customer
Millard was forced to move repeatedly after his status as a registered sex offender was
revealed, once by police and once by a local TV station. The second time, he had to fill out about
200 rental applications before finding an apartment he could rent. Millard later bought a house in
Denver, which is periodically visited by police officers seeking to verify his address. “If he is not
home when they visit,” Matsch notes, “they leave prominent, brightly colored ‘registered sex
offender’ tags on his front door notifying him that he must contact the DPD.”
Millard was one of the three plaintiffs who filed a lawsuit in 2013 against the Colorado
Bureau of Investigation’s director, Michael Rankin, which was brought to trial in December
2016.9 Their attorneys argued that since the three men had completed their court sentences for
various sex crimes, and had completed probation and sex offender rehabilitation, that they should
The federal judge ruled that the state’s Sex Offender Registration Act violates the U.S.
Constitution when applied to three men because it constitutes further punishment beyond their
Unfortunately for them, the U.S. Supreme Court has upheld the sex offender registry on
the theory that it does not constitute punishment at all but, rather, serves an administrative public
9
Millard v. Rankin, Case 1:13-cv-02406-RPM (Col. 2013).
10
Smith v Doe, 538 U.S. 84 (2003).
Canada
Canada’s approach has been somewhat more moderate. Under the original incarnation of
the Sex Offender Information Registration Act (SOIRA), sex offenders subject to a judicial order
were required to report within 15 days of the order and provide information for collection in a
database, intended to “help police investigate crimes of a sexual nature.” Unlike the publicly
available FBI database, in SOIRA, only authorized specific law enforcement personnel to access
In an October 24, 2017 ruling, Court of Queen's Bench Justice Andrea Moen said that
SOIRA violates section seven of the Canadian Constitution which guarantees life, liberty and
security of person.
The ruling is in regards to a 2015 case where 19-year-old Eugen Ndhlovu12 pleaded
guilty to two counts of sexual assault at a Jersey Shore-themed party where two women said that
Ndhlovu sexually touched them without their consent throughout the night. For his actions,
Ndhlovu pleaded guilty to two accounts of sexual assault - blaming his actions on alcohol saying
he could not remember the night. He was sentenced to six months in jail followed by three years
of probation.
Judge Moen found that he was "was unlikely to reoffend" because of his lack of criminal
history, took responsibility, showed remorse and has stopped drinking. But, even though Moen
doesn't think Ndhlovu will offend again, it is mandatory he be placed on the sex offender registry
for life.
grossly disproportionate," Judge Moen agreed and went on to write that including offenders
"who have little to no chance of reoffending" does nothing to protect the public and subjecting
them to the rigours of being on the sex offender registry is, again, "overbroad."
Because the ruling is at a provincial level, it won't have the power to make changes
11
Sheley, E. (2016, November 30). The Constitutional Limits of the Sex Offender Registry. Retrieved from https://ablawg.ca/2016/11/30/the-
constitutional-limits-of-the-sex-offender-registry/
12
R v Ndhlovu, 2016 ABQB 595 (CanLII 2016)
United Kingdom
In 2015, the Office of the Prime Minister issued a guideline stating offenders should be
removed from the registry if it is no longer necessary for them to be registered to protect the
Prime Minister Theresa May Theresa brought in these new rules against her personal
comfort after the Supreme Court declared that, with no right of review, requiring sex offenders to
register their address with police and inform them of travel plans was disproportionate and
United Kingdom’s Sexual Offences Act of 2003 made all sex offenders sentenced to more
than 30 months in prison subject to sex offenders registration, without an opportunity for review.
But in 2010, the UK Supreme Court ruled that under human rights laws, offenders should have
In her explanatory note, Senator Santiago explained that the purpose of registration and
restrictions is to encourage the protection of children and society by increasing the awareness of
the community about the recidivism risk that some offenders may present on release. Supporters
of this measure also hope that community awareness will assist in preventing future crimes.13
13
Ibid.
(a) Employed full time or part time in the Philippines for a period of time
exceeding fourteen days or for an aggregate period of time exceeding thirty days
during any calendar year; or
(b) Enrolled on a full-time or part-time basis in a school in the Philippines,
including a secondary school, a trade school, a professional institution or an
institution of higher education.14
At the same time, what falls under the term “Sex offense” are the following:
A purview of this proposed legislation would mean that sex offenders are those who have
been convicted by final judgment of the above-mentioned crimes; and that they have already
served their sentence and are released from the custody of the Bureau of Jail Management and
Penology or being placed on probation or parole are required to register with the office of the
mayor of the city or municipality of the place where he resides. Following his initial registration,
a sex offender would then be required to register shall renew his registration not less than once in
each ninety (90) day period following the date of the sex offender's initial registration for a
Any person who then wants to obtain information regarding sex offenders may request
the same from the office of the mayor where the sex offender resides and after providing such
information, the office of the mayor would then alert every licensed daycare center, elementary
school and high school within a two kilometer radius of the sex offender's residence and provide
14
§ 2(a), S.B. No. 1787 (2007)
15
Ibid., § 2(b)
16
Ibid., § 5
House Bill No. 630117 was filed on December 2015 that aims to ensure public safety,
particularly the safety of women and children who are often vulnerable to such individuals.
Some of the provisions being proposed are that every convicted sex offender, prior to their
release from prison, be required to register in the province or municipality in which he resides, is
Each offender would be required to update their registration regularly, as well as register
any changes in their address, or other pertinent information as required by law. Sensitive
information such as contact numbers and addresses of these convicted sex offenders will not be
detailed in the website that the bill wishes to establish. The public will have access, however, to
the names, recent photos, and sexual crime that the person had been convicted of upon request.
Under the bill, the Department of Justice will be mandated to create and maintain the
necessary database, computer system, and software that will establish the National Sex Offender
Registry System which shall allow immediate information-sharing not just among local
jurisdictions but also with international authorities law enforcement agencies. The database,
computer system, and software created shall be shared and distributed to Local Government
Units (LGUs) where every LGU will be required to maintain its own online registry.
Any sex offender who shall knowingly and willfully fail to register or update his
information shall suffer the penalty of one to five-year imprisonment. In the event said
unregistered sex offender commits a crime, regardless of its nature, the penalty of five to 10
years imprisonment shall be imposed, which shall be in addition to penalty imposed by reason of
The following are considered as “sex offenders” under this proposed Bill:
This term shall include persons convicted by final judgment before foreign courts
for the crimes of rape, sexual assault, acts of lasciviousness, or other similar
crimes involving sexual violence or activity.18
The duration of the registration is classified into three levels depending on the severity of
the offense committed. The least serious offenders are required to appear in person once a year
and shall remain in the registry for fifteen (15) years; the serious offenders must appear in person
every six (6) months and shall remain on the registry for twenty-five (25) years; and the most
serious offenders shall remain on the registry for life and shall be required to appear in person
The severity of the offense is to be determined solely by the court that convicted the
offender. However, for those convicted of foreign courts or when the court fails to determine the
severity of the offense, the severity shall be deemed as the most serious and the sex offender
shall remain on the registry for life and shall be required to appear in person every three (3)
months.20
The following are emphasized to better compare S.B. No. 1787 and H.B. No. 6301
Crimes Included (1) Rape, as defined in Article Rape under Article 266, RPC;
266-A, RPC;
(2) Acts of lasciviousness, as Crimes committed against
defined Art. 336, RPC; Chastity as defined under
(3) Qualified seduction, as Title XI, Book 2, RPC; and
defined in Art. 337, RPC;
(4) Simple seduction, as Violations of Sec. 5(g) of
defined in Art. 338, RPC; Republic Act No. 9262, as
(5) Acts of lasciviousness amended as well as other
with the consent of the forms of Sexual Violence as
offended party as defined in defined therein.
Art. 339, RPC;
(6) Corruption of minors as
defined in Art. 340, RPC; and
(7) White slave trade as
defined in Art. 341, RPC.
18
Ibid., § 3
19
Ibid., § 6
20
Ibid.
Time of Registration No later than ten (10) days Prior to being released from
after being released from the prison
custody of BJMP or being
placed on probation or parole
Accessibility of the Registry Request information from the Website available to the
office of the mayor of the city public that includes relevant
or municipality where information on the offender;
offender resides LGU
The duration of registration under H.B. No. 6301 is lifted from U.S. law with the same
duration for three classifications of sex offenders. Unlike U.S. law however, Rep. Pagdilao
leaves it up to the court’s discretion to classify the offense committed by the accused upon
conviction.
The bill appears as a source of protection, but human rights are universal, and while those
that have committed a crime must face the consequences of their actions, they too have rights
The convicted offenders may view the registration as wholly discriminatory. The express
implication of their sentencing and conviction is that they have already been subjected to the
punitive measures that accompany the crime that they have committed. To require them to
essentially out themselves to the public for their crimes would lead to a situation wherein they
are then vulnerable to retaliation from the families of their victims, and the general public.
Registration also seeks to affect foreign nationals. Those convicted of sexual offenses in
their respective countries would no longer be allowed entry into the Philippines.21 This is in
response to the spate of the growing ‘sex tourism’ incidents, which have resulted in the abuse of
countless women and children over time.22 In 2015, an Australian man who allegedly ran an
underground pedophile ring was arrested in the country.23 The man in question, one Peter Scully,
had been a fugitive in Australia, and had managed to enter the Philippines with little problem.
The man had spent the last ten years in hiding in the country and was engaged in the
dissemination of not just child pornography, but also snuff films that featured minors which were
The question of whether or not the establishment of this registry will be sufficient to
combat the rising instances of human trafficking, exploitation, and prostitution of women and
children remains. Are ex-felons that have been charged with sexual offenses so likely to become
recidivists that they require close monitoring at any given time? Is there good reason to believe
that these individuals are more likely to pursue criminal action compared to others?
If one were to look at foreign incidents concerning repeat violations of sexual offenses,
recidivism rates for offenders are actually quite low.24 In the United States, there majority of
these offenders are not likely to be recidivists, though there exists a very small portion of the
demographic that is responsible for most of the ‘repeat’ crimes. This sort of study has not yet
been reliably conducted here in the Philippines, which in turn, leaves the holes in our
perspective.
Furthermore, there is evidence that a good majority of sexual crimes are not reported,
even in the United States, which certainly affects the validity of the study on recidivism as a
21
Id.
22
Margaret Simons, The Innocent Victims Abandoned in Sin City: Inside the Red-Light Slum Filled with Children Father by Australian Sex
Trade Tourists who get Young Women Pregnant Before Disappearing, Daily Mail UK., Jul. 18, 2015, available at
http://www.dailymail.co.uk/news/article-3164917/The-red-light-city-Philippines-filled-children-fathered-Australian-sex-trade-tourists-women-
pregnant-abandoning-nothing.html (last accessed July 11, 2016).
23
Agence France-Press, Australian Man Peter Scully Pleads Not Guilty to Child Rape in Philippines, The Guardian, Jun. 16, 2015, available at
https://www.theguardian.com/world/2015/jun/16/australian-man-peter-scully-pleads-not-guilty-to-child-in-philippines(last accessed July 12,
2016).
24
U.S. Department of Justice, Recidivism of Adult Sexual Offenders, available at
http://www.smart.gov/pdfs/RecidivismofAdultSexualOffenders.pdf (last accessed July 11, 2016).
measuring stick. Many rape cases are still regarded as private matters that remain unreported in
Megan’s Laws26 is highly criticized by a number of civil rights groups in the United States.
Many claim that the lifetime ‘branding’ of these offenders would be tantamount to irreparable
damage not just to the convicted individual, but also their families.
Leaving aside any reservations toward the upcoming shift in enforcement of laws by the
current president of the Philippines, the passage of the House Bill as it is currently written would
appear to violate the rights of the offender. Everyone is entitled to be treated as though innocent
prior to a conviction, and to monitor these offenders as the Bill suggests, leaves too much to
private interpretation.
The United States, Canada, and the United Kingdom are three of the most socially and
politically developed countries in the world. Yet, after more than a decade of enactment,
registrants are still challenging the constitutionality of such registry: garnering polar rulings from
different judicial levels and rooted in so many different facts and circumstances.
To follow these countries’ footsteps is a double-edged sword. What makes this topic a
somewhat contested issue is the presence of two sets of rights that run against each other, with
convincing arguments being used by both sides. On one hand, you have the safety and peace of
mind of women and children or whatever demographic the offender had once targeted. On the
other hand, the offender may be ostracized and discriminated upon if his status as a sex offender
One who seeks to question the validity of this proposed legislation, once passed, may
argue that it violates the equal protection clause of the Constitution. Under the Constitution, no
25
Id.
26
Smith v. Doe, 538 U.S. 84 (2003).
person shall be deprived of life, liberty, or property without due process of law, nor shall any
person be denied the equal protection of the laws27. However, the Supreme Court has held in
several cases that the equal protection clause of the Constitution is not absolute.
In the case of Garcia v. Hon. Drilon28, the petitioner husband came to the Court to assail
the validity of R.A. No. 9262 as it violated the equal protection and due process clauses of the
Constitution. The Court upheld the validity of the law, saying that it does not violate the guaranty
of equal protection of the laws as equal protection simply requires that all persons or things
similarly situated should be treated alike, both as to rights conferred and responsibilities
imposed.
27
PHIL. CONST. Art. III, § 1.
28
G.R. No. 179267,
29
G.R. No.
distinction is based on a reasonable foundation or rational
basis and is not palpably arbitrary.30
In sum, the following must be present in order for classification to be valid so that the
equal protection clause is not violated: (1) it must be based on substantial distinctions; (2) it must
be germane to the purposes of the law; (3) it must not be limited to existing conditions only; and
are concerned so that it can apply equally to all members of the class (offenders). Per
observation, the classification of the gravity of the offenses are left to the discretion of the courts
so it is suggested that such classification be based on the penalty imposable by law in order for
the same to be clear and concise. Likewise, if the purpose of the Bill is to be fully served then
other special penal laws involving sexual abuses should be included in order for all possible
JURISPRUDENTIAL ANTECEDENTS
In the case of People of the Philippines vs. Mervin Gahi31, the victim, AAA, is sixteen
years old and a resident of Leyte. She knows accused Mervin Gahi, the latter being the husband
of her aunt DDD. AAA was raped twice by the perpetrator. In both instances, Mervin was
holding a knife, poking it at AAA. Fearful for her life, AAA did not resist Mervin’s initial
advances. Mervin warned AAA to keep secret what transpired or else he would kill her. The
Supreme Court declared that no ill motive on the part of AAA to falsely accuse appellant was
ever brought up by the defense during trial. This only serves to further strengthen AAA’s case
since we have consistently held that a rape victim’s testimony as to who abused her is credible
where she has absolutely no motive to incriminate and testify against the accused. It is also
equally important to highlight AAA’s young age when she decided to accuse her kin of rape and
go through the ordeal of trial. In fact, when she painfully recounted her tribulation in court, she
was just at the tender age of sixteen (16) years old. Jurisprudence instructs us that no young
woman, especially of tender age, would concoct a story of defloration, allow an examination of
her private parts, and thereafter pervert herself by being subjected to public trial, if she was not
30
Ibid.
31
G.R. No. 202976, February 19, 2011
motivated solely by the desire to obtain justice for the wrong committed against her. Thus,
Mervin should suffer the penalty of reclusion perpetua for each conviction of simple rape.
In People of the Philippines vs. Ogarte32, the victim, AAA filed the two complaints for
rape against her own father Ogarte, whom she identified in open court. Ogarte was convicted of
two counts of rape by using force and intimidation, qualified by the concurrent circumstances of
AAAs minority and Ogartes relationship with AAA. The qualifying circumstances of age and
relationship were not only properly alleged in the information but were also duly established by
In People of the Philippines vs. Dominguez33, accused-appellant was indicted for four
counts of rape and one count of attempted rape, all qualified by his relationship with and the
minority of the private offended party. The Supreme Court in this case defined the term lewdness
as an obscene, lustful, indecent, and lecherous act which signifies that form of immorality carried
on a wanton manner. Thus, it is morally inappropriate, indecent, and lustful for accused-
appellant to undress himself and his own daughter who was completely capable of dressing or
undressing herself, while his wife was away and his other children were asleep; or doing the
same acts in an isolated coconut farm where only the two of them were present. No standard
form of behavior can be anticipated of a rape victim following her defilement, particularly a
child who could not be expected to fully comprehend the ways of an adult. More importantly, in
incestuous rape cases, the father’s abuse of the moral ascendancy and influence over his daughter
can subjugate the latter’s will thereby forcing her to do whatever he wants. Otherwise stated, the
moral and physical dominion of the father is sufficient to cow the victim into submission to his
beastly desires
In People of the Philippines vs. Abay34, the victim was more than 12 years old when the
crime was committed against her. The Information against appellant stated that AAA was 13
years old at the time of the incident. Therefore, appellant may be prosecuted either for violation
of Section 5(b) of RA 7610 or rape under Article 266-A (except paragraph 1[d]) of the Revised
32
G.R. No. 182690, May 30, 2011
33
G.R. No. 180914, November 24, 2010
34
G.R. No. 177752, February 24, 2009
Penal Code. While the Information may have alleged the elements of both crimes, the
prosecution’s evidence only established that appellant sexually violated the person of AAA
through force and intimidation by threatening her with a bladed instrument and forcing her to
submit to his bestial designs. Thus, rape was established The Supreme Court in this case made a
distinction with regard the penalty to be imposed upon the accused depending on the age of the
victim. Hence, if the victim of sexual abuse is below 12 years of age, the offender should not be
prosecuted for sexual abuse but for statutory rape under Article 266-A(1)(d) of the Revised Penal
Code and penalized with reclusion perpetua. On the other hand, if the victim is 12 years or older,
the offender should be charged with either sexual abuse under Section 5(b) of RA 7610 or rape
under Article 266-A (except paragraph 1[d]) of the Revised Penal Code.
In People of the Philippines vs. Elister Basmayor35, Elister was charged with statutory
rape. The first element was proved by the testimony of the victim herself, while the second
element was established by AAA’s Certificate of Live Birth showing that she was born on 4
February 1990. AAA was eleven (11) years old when the crime was committed on 12 November
2001. The Supreme Court held that even though there were inconsistencies in the testimony of
AAA regarding the alleged rape committed on 9 November 2001, those said discrepancies did
not affect her credibility when she testified on the rape committed on her on 12 November 2001.
Furthermore, the qualifying circumstance of relationship has been sufficiently proved. The
victim declared that the appellant was her mother’s live-in partner. Her mother, BBB, also
In People of the Philippines vs. Pedro Nogpo36, the Supreme Court held that a
sweetheart cannot be forced to have sex against her will – love is not a license for lust. Even
assuming arguendo that they were lovers, rape could still have been committed if he had carnal
knowledge with private complainant against her will. This Court has consistently ruled that a
"love affair" does not justify rape, for the beloved cannot be sexually violated against her will.
Moreover, it was inappropriate for the defense to blame private complainant for not duly
resisting accused-appellant, considering that she was an adult woman of 33 years while accused-
appellant was only 22, drunk and unarmed. Suffice it to say that in rape cases, the law does not
35
G.R. No. 182791 February 10, 2009
36
G.R. No. 184791 April 16, 2009
impose a burden on the private complainant to prove resistance. The degree of force and
resistance is relative, depending on the circumstances of each case and on the physical
capabilities of each party. It is well settled that the force or violence required in rape cases is
relative; when applied, it need not be overpowering or irresistible. When force is an element of
the crime of rape, it need not be irresistible; it need but be present, and so long as it brings about
the desired result, all consideration of whether it was more or less irresistible is beside the point.
The Supreme Court took note of the fact that evil in man has no conscience. The beast in him
bears no respect for time and place; it drives him to commit rape anywhere -- even in places
where people congregate such as in parks, along the roadside, within school premises, and inside
a house where there are other occupants. The crime of rape may be committed even when the
rapist and the private complainant are not alone. Rape may take only a short time to
consummate, given the anxiety of its discovery, especially when committed near sleeping
persons, the court has held that rape is not impossible even if committed in the same room while
the rapist’s spouse is sleeping or in a small room where other family members also sleep. It was
not impossible or incredible for the members of the complainant’s family to be in deep slumber
and not to be awakened while the brutish sexual assault on her was being committed.
In People of the Philippines vs. Mario Martin37, it is undisputed that AAA is a mental
retardate. This was shown in the psychological evaluation report wherein she was found to have
an IQ of 41.8. Even appellant admitted his daughter’s "handicap" in his testimony. However,
despite her age and retardation, she was still able to communicate her experience in a sufficiently
coherent and detailed manner. She clearly stated that appellant touched her breasts, removed her
clothes and underwear, touched her vagina and inserted his penis in her vagina. Her narration
was as natural and straightforward as could be, considering her mental deficiency. If there were
instances when her answers were inaccurate or unresponsive, these did not make her testimony
any less credible. Even children of normal intelligence cannot be expected to give a precise
account of events considering their naiveté and still undeveloped vocabulary and command of
language. Yet, despite her limitations, AAA never wavered in her testimony.
37
G.R. No. 172069, January 30, 2008.
In People of the Philippines vs. Nido Garte38, accused-appellant's reliance on the alleged
discrepancies between AAA's Sinumpaang Salaysay and handwritten sworn affidavit on the
number of times she was raped is untenable. We take note of the steadfast doctrine prevailing in
our criminal justice system that inconsistencies found in the ex parte affidavits do not necessarily
downgrade the credibility of a witness. In the same manner, the Supreme Court ruled that the
alleged inconsistency with respect to the weapons used in the commission of the rapes is
likewise unavailing since it is a mere extraneous matter and does not remove the fact that the
crime of rape was repeatedly committed by the accused-appellant against the victim through the
use of force and intimidation. It bears emphasizing that in a rape committed by a father against
his own daughter, the former's moral ascendancy and influence sufficiently takes the place of
violence or intimidation. Under the same circumstances, proof of force and violence is not even
essential, because the moral and physical ascendancy of the father over his daughter is sufficient
In People of the Philippines vs. Jimmy Tabio39, AAA never wavered in her assertion that
appellant raped her. AAA’s testimony is distinctively clear, frank and definite without any
pretension or hint of a concocted story despite her low intelligence as can be gleaned from her
answers in the direct examination. The fact of her mental retardation does not impair the
credibility of her unequivocal testimony. AAA’s mental deficiency lends greater credence to her
testimony for someone as feeble-minded and guileless as her could not speak so tenaciously and
explicitly on the details of the rape if she has not in fact suffered such crime at the hands of the
appellant.
her narration and her identification of Diocado as the perpetrator despite the rigorous cross-
examination she underwent. Her credibility was strengthened when she cried at certain points of
her testimony as she related the details of the rape. It was further reinforced by its marked
compatibility with the physical evidence reflected in Dr. Capellan's findings. The testimonial
evidence of rape, supported by convincing physical evidence, cannot be defeated by her own
38
G.R. No. 176152, November 25, 2008
39
G.R. No. 179477, February 6, 2008
40
G.R. No. 170567, November 14, 2008
mother's contrary testimony. That the mother was in fact at home in the afternoon of February 7,
1998 does not negate the commission of the rape. Time and again, we have declared that lust is
no respecter of time and place. It is a master that does not recognize decency or morality but
cares only for the fulfillment of its selfish desires. The Supreme Court cannot give credit to what
CCC, as mother, said with respect to her daughter's charge of sexual abuse in the hands of her
stepfather.
CONCLUSION
As the bill is currently still being discussed in the Congress, the public has no knowledge
yet on how it would look like if it is finalized. The Bill appears to have rallied a strong backing,
with many groups viewing it as the stepping stone to the formation of distinctive preventive
measures. It is of the author’s considered option, however, that more details be added in order to
make the law represented within in order to protect both the public and the offender.
Looking to precedents set by laws established in other countries, the bare registration and
insufficient depiction of what will be done in the event of a registered sex offender’s residence
being near ‘sensitive’ areas such as nurseries, elementary schools, can lead to undesirable
situations. The proactive approach to identifying all sexual offenders may lead to trial by
publicity and ‘manhunts’ that infringe on the right to privacy of these individuals.
The days of organizing lynch mobs are long past, and yet, they remain a possibility when
The local government units will have to be very active in the maintenance of the sex
offender registry, as well as in the performance of the duties imposed on them by the pending
legislation. If the Bill is to be passed as is, the City or Municipal mayor must, within seven days
of receiving the registration information of the former sex offender, inform every licensed
daycare center, nursery school, elementary and high school within a two kilometer radius of the
offender’s residence.
Communities must be responsible for the protection of vulnerable individuals,
particularly of children. The call must be for prevention by positive action, by fostering an
environment where the offender would be made reluctant or outright unable to perform any acts
which might constitute a sex offense. While this method may seem like a case of shifting
methods toward the control of the object of ‘temptation’ to the offender, this is not so. This is
simply in line with the State’s police power, allowing it to function in a manner that does not
intrude pervasively into the lives of its constituents while simultaneously keeping peace and
order.41
While the State is the one that acts as a peacekeeper, the individuals that make up a
society cannot avoid their duty to actually take part in the acts which would be for the
community’s betterment. The same can be said in this situation. Society can condemn a person
as easily as it could come around to protect. In the age of social media, all it takes to start the ball
Another sentiment that has been bandied by civil rights activists in the United States is
that the indiscriminate labeling of these sexual offenders can actually be detrimental to the
efforts of these offenders from rehabilitating themselves, particularly those who have ‘lesser’
offenses. This can be rectified by a careful control over the degree of care to be undertaken with
the corresponding repercussions of each tier. Society must be responsible too, for keeping an eye
on legislation for anything that may infringe on the rights of all and any of its citizens.
The rights of both the offender, and the women and children must be respected. It is not a
choice between one and the other, but rather, a community effort leaning toward both reform and
protection. Society must be friendly to both reform and prevention, the safety of all despite their
past wrongdoings, and the means to keep people from committing the mistake again on their own
volition.
Law cannot exist in a state wherein selective application is taken to an extreme. When
being mindful of the rights of women and children, and society’s well-being as a whole, one
41
PHIL. CONST. Art. II, § 5.
cannot deprive offenders of their most basic of rights. The dignity of a human being is
entrenched not only in the way we live, but also the way that law treats us.
Offenders should not be condemned to a lifetime of ridicule, even as steps are taken to
ensure that they do not pose a threat to their victims again. A delicate balance must be
maintained in order to ensure that the State is able to look after all under its domain in a human
and humane manner. Sexual offenses are no small matter, and most of even the hardened
criminals regard those who prey on women and children as the lowest of the low.
Although many may argue that there is no erasing what has happened for the victims,
what must be done is to provide the infrastructure necessary to aid these same people with their
trauma. Simultaneously, their assailants must be made to face the justice that must be faced by
The law is not absolute, and must adapt to attending circumstances. But it is there, and
even in our outrage, we cannot and should not allow emotion to carry through into equally unjust