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VIII.

CHILD ABUSE

Isidro Olivarez v Court of Appeals and the People of the Philippines

Nature: Petition for review on certiorari of the decision and resolution of the CA
Ponente: Ynares-Santiago, J.
Facts:
An information for violation of RA 7610 was filed against Isidro Olivarez
for committing acts of lasciviousness on Cristina Elition by touching her breasts
and kissing her lips against her will.
The trial court found Olivarez guilty of violating Section 5 of RA 7610. On
appeal, the Court of Appeals affirmed lower court’s decision.

Issues:
Whether or not the Court of Appeals committed grave abuse of discretion
in finding the accused guilty despite the elements in violation not stated in the
alleged information

Held:
No

Ruling:
The elements of sexual abuse under Section 5, Article III of RA 7610 are as
follows: (1) The accused commits the act of sexual intercourse or lascivious
conduct, (2) The said act is performed with a child exploited in prostitution or
subjected to other sexual abuse, and (3) the child, whether male or female, is
belong 18 years of age.
A child is deemed subjected to other sexual abuse when the child indulges
in lascivious conduct under the coercion or influence of any adult. In this case,
Cristina, 16 years of age, was sexually abused because she was coerced or
intimidated by petitioner to indulge in a lascivious conduct.
The Court held that the information may not refer to specific section/s of
R.A. 7610 alleged to have been violated by the petitioner, but it is all to evident
that the body of the information contains an averment of the acts alleged to have
been performed by petitioner which unmistakably refers to acts punishable
under Section 5 of R.A. 7610. As to which section of R.A. 7610 is being violated by
petitioner is inconsequential. What is determinative of the offense is the recital
of the ultimate facts and circumstances in the complaint.
Petition Denied.