[G.R. No. 188897. June 6, 2011.

PEOPLE OF THE PHILIPPINES, appellee, vs. IRENO BONAAGUA y BERCE,

appellant.

Rape is no longer a crime against chastity for it is now classified as a crime

against persons. 26 Consequently, rape is no longer considered a private crime or
that which cannot be prosecuted, except upon a complaint filed by the aggrieved
party.

Hence, pardon by the offended party of the offender in the crime of rape will not
extinguish the offender's criminal liability. Moreover, an Affidavit of Desistance —
even when construed as a pardon in the erstwhile "private crime" of rape — is not
a ground for the dismissal of the criminal cases, since the actions have already
been instituted.

Corollarilly, Section 2 (h) of the rules and regulations 43 eof R.A. No. 7610 denes

"Lascivious conduct" as:

[T]he intentional touching, either directly or through clothing, of the genitalia, anus, groin,
breast, inner thigh, or buttocks, or the introduction of any object into the genitalia, anus
or mouth, of any person, whether of the same or opposite sex, with an intent to abuse,
humiliate, harass, degrade, or arouse or gratify the sexual desire of any person,
bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person.

[G.R. No. 187495. April 21, 2014.]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EDGAR JUMAWAN, accused-

appellant.

Violence against women and their children refers to any act or a series of acts
committed by any person against a woman who is his wife, former wife, or against a
woman with whom the person has or had a sexual or dating relationship, or with whom
he has a common child, or against her child whether legitimate or illegitimate, within or
without the family abode, which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including threats of such acts,
battery, assault, coercion,

harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the
following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm; CcAHEI

B. "Sexual violence" refers to an act which is sexual in nature, committed against a

woman or her child. It includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a

sex object, making demeaning and sexually suggestive remarks, physically attacking
the sexual parts of the victim's body, forcing her/him to watch obscene publications and
indecent shows or forcing the woman or her child to do indecent acts and/or make lms
thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep
together in the same room with the abuser;

b) acts causing or attempting to cause the victim to engage in any sexual activity by
force, threat of force, physical or other harm or threat of physical or other harm or
coercion;

c) prostituting the woman or child.

Another important international instrument on gender equality is the UN

Declaration on the Elimination of Violence Against Women, which was
promulgated 118 by the UN General Assembly subsequent to the CEDAW. The
Declaration, in enumerating the forms of gender-based violence that constitute
acts of discrimination against women, identified 'marital rape' as a species of
sexual violence, viz.:

Article 1

For the purposes of this Declaration, the term "violence against women" means any act
of gender-based violence that results in, or is likely to result in, physical,sexual or
psychologicalharm or suffering to women, including threats of such acts,coercion or
arbitrary deprivation of liberty, whether occurring in public or in private life.
HSATIC

Article 2

Violence against women shall be understood to encompass, but not be limited to, the
following:

(a) Physical, sexual and psychological violence occurring in the family, including
battering, sexual abuse of female children in the household, dowry-related violence,
marital rape, female genital mutilation and other traditional practices harmful to women,
non-spousal violence and violence related to exploitation; 119 (Emphasis ours)

eAs above discussed, the de nition of rape in Section 1 of R.A. No. 8353 pertains
to: (a) rape, as traditionally known; (b) sexual assault; and (c) marital rape or that
where the victim is the perpetrator's own spouse.

[G.R. Nos. 132875-76. November 16, 2001.]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROMEO G. JALOSJOS,

accused-appellant.

In People v. Optana, the Court, citing the case of People v. Larin, explained the
elements of the offense of violation of Section 5 (b) of R.A. 7610, or the Child
Abuse Law, 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.

3. The child, whether male or female, is below 18 years of age. 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.

Under RA 7610, children are "persons below eighteen years of age or those
unable to fully take care of themselves or protect themselves from abuse,
neglect, cruelty, exploitation or discrimination because of their age or mental
disability or condition

In statutory rape, mere sexual congress with a woman below twelve years of age
consummates the crime of statutory rape regardless of her consent to the act or
lack of it. The law presumes that a woman of tender age does not possess
discernment and is incapable of giving intelligent consent to the sexual act. Thus,
it was held that carnal knowledge of a child below twelve years old even if she is
engaged in prostitution is still considered statutory rape. The application of force
and intimidation or the deprivation of reason of the victim becomes irrelevant.
The absence of struggle or outcry of the victim or even her passive submission to
the sexual act will not mitigate nor absolve the accused from liability. 49