The Intent Requirement
To convict under Section 10(a) of R.A. No. 7610, the prosecution must prove a specific intent to debase, degrade, or demean the intrinsic worth and dignity of the child (Bongalon v. People; Talocod v. People).
Spur of the Moment” Rule:
If the act was done in a fit of anger, frustration, or out of parental concern without the specific intent to humiliate the child, it is penalized under the RPC (as Slight Physical Injuries) or may not be criminal at all if it’s mere verbal irritation.
The “Excessive Discipline” Exception
In Rosaldes v. People, the Court clarified that while teachers have in loco parentis authority, violence that is unnecessary, violent, and excessive (e.g., slamming a child to the floor) inherently demeans the child’s dignity, overriding claims of “mere discipline.”
Under 12 Carnal Knowledge
Statutory Rape (Art. 266-A, RPC)
Under 12 Finger/Object Insertion
Sexual Assault in relation to R.A. 7610
Under 12 Other Lewd Acts
Acts of Lasciviousness in relation to R.A. 7610
12 to <18 Coerced Lewd Acts
Lascivious Conduct (Sec. 5b, R.A. 7610)
18+ Lewd Acts (Force/Threat)
Acts of Lasciviousness (Art. 336, RPC)
To convict for lascivious conduct under Sec. 5(b) of R.A. No. 7610
Key Doctrine (Quimvel v. People): To convict for lascivious conduct under Sec. 5(b) of R.A. No. 7610, you must satisfy the elements of Art. 336 of the RPC plus the specific circumstances of sexual abuse under the special law (coercion, influence of an adult, etc.).
Worst Forms of Child Labor
Under R.A. No. 9231, labor becomes criminal when it is hazardous or involves exploitation. Pascua highlights that the consent of the parents does not absolve the employer if the child is placed in a “hostile or dangerous environment.”
Large-Scale Qualification
As seen in Maycabalong, if three or more children are recruited for exploitation, it is Qualified/Large-Scale Trafficking, carrying the penalty of Life Imprisonment.
