PEOPLE v. OLAYON PEOPLE V.

MALTO
PROMULGATION August 20, 2008 September 21, 2007
CHILD 14 YEARS OLD 17 YEARS OLD
RELATIONSHIP SWEETHEART SWEETHEART (TEACHER-STUDENT)
PROVISION Section 10(a) of Republic Act No. 7610 paragraph 3, Section 5(a), Article III of RA
CHARGED 7610
RULING Moreover, for the act of intercourse between The sweetheart theory applies in acts of
OLAY[O]N and [AAA] to be considered lasciviousness and rape, felonies committed
sexual abuse [under Section 5], such against or without the consent of the victim. It
intercourse should have occurred due to operates on the theory that the sexual act was
coercion or intimidation. In the case at consensual. It requires proof that the accused
bench, neither coercion nor intimidation were and the victim were lovers and that she
found to have been present, consent having consented to the sexual relations.
been freely given.
For purposes of sexual intercourse and
Consensual sexual intercourse or even acts of lascivious conduct in child abuse cases under
lasciviousness with a minor who is 12 years old RA 7610, the sweetheart defense is
or older could constitute a violation of Section unacceptable. A child exploited in prostitution
5(b) of R.A. No. 7610. For Section 5(b) or subjected to other sexual abuse cannot
punishes sexual intercourse or lascivious validly give consent to sexual intercourse with
conduct not only with a child exploited in another person.
prostitution but also with a child subjected to
other sexual abuse The language of the law is clear: it seeks to
punish
For consensual sexual intercourse or lascivious [t]hose who commit the act of sexual
conduct with a minor, who is not exploited in intercourse or lascivious conduct with a child
prostitution, to thus fall within the purview of exploited in prostitution or subjected to other
Section 5(b) of R.A. No. 7610, persuasion, sexual abuse.
inducement, enticement or coercion of the
child must be present. Unlike rape, therefore, consent is immaterial
in cases involving violation of Section 5,
And even in Malto v. People wherein the Article III of RA 7610. The mere act of having
accused was convicted for violation of Section sexual intercourse or committing lascivious
5(b) of R.A. No. 7610, the information alleged, conduct with a child who is exploited in
and the prosecution proved, that the therein prostitution or subjected to sexual abuse
accused who was the minors professor obtained constitutes the offense. It is a malum
the minors consent by taking advantage of his prohibitum, an evil that is proscribed.
relationship and moral ascendancy to exert
influence on her. A child cannot give consent to a contract
under our civil laws. This is on the rationale
In the case at bar, even if respondent were that she can easily be the victim of fraud as
charged under Section 5(b), instead of Section she is not capable of fully understanding or
10(a), respondent would just the same have knowing the nature or import of her actions.
been acquitted as there was no allegation that The State, as parens patriae, is under the
an element of the offense coercion or influence obligation to minimize the risk of harm to
or intimidation attended its commission. those who, because of their minority, are as
yet unable to take care of themselves
fully. Those of tender years deserve its
protection.

The harm which results from a childs bad

decision in a sexual encounter may be
infinitely more damaging to her than a bad
business deal. Thus, the law should protect her
from the harmful consequences of her attempts
at adult sexual behavior. For this reason, a
child should not be deemed to have validly
consented to adult sexual activity and to
surrender herself in the act of ultimate physical
intimacy under a law which seeks to afford her
special protection against abuse, exploitation
and discrimination. (Otherwise, sexual
predators like petitioner will be justified, or
even unwittingly tempted by the law, to view
her as fair game and vulnerable prey.) In other
words, a child is presumed by law to be
incapable of giving rational consent to any
lascivious act or sexual intercourse.