Three persons were apprehended by the Catanduanes police last week in connection with separate cases of sex-related offenses filed against them before the Regional Trial Court.
In a post on its PNP Bicol Kasurog page on Facebook, the police regional headquarters reported that the Catanduanes Police Provincial Office arrested a Most Wanted Person facing a sexual abuse complaint in court.
The post said that operatives of the Virac police station and the Catanduanes Criminal Investigation and Detection Group (CIDG) Provincial Field Unit collared a certain “Jon” last Jan. 10, 2024 in barangay Calatagan on the basis of a warrant of arrest issued in connection with the charge of rape through sexual assault.
The report did not provide details of the identity of the accused or the complaint against him although there are unverified reports that the victim is related to the accused.
In Bagamanoc town, elements of the police station led by officer-in-charge Capt. Jerome Despuig, together with personnel of CIDG Catanduanes and the 2nd Police Mobile Force Company nabbed Danilo Segismundo Boison Jr, 36, married, jobless and a resident of Bacak, last Jan. 12.
Boison is the subject of an arrest warrant issued by RTC Branch 43 Acting Presiding Judge Ritche Regala in connection with Criminal Case No. 11052 for Acts of Lasciviousness under Art. 336 of the RPC in relation to Section 5(B) of RA 7610, with recommended bail bond fixed at P180,000 for his temporary liberty.
The following day, Jan. 13 at about 4 PM, the same team handcuffed Lester Rojo Molina, 18, single, a student from Bacak, who is accused of Statutory Rape under Art. 266 of the Revised Penal Code, as amended by Republic Act 11648, before RTC Branch 43 with no bail recommended.
Signed into law by then President Rodrigo Duterte in 2022, RA 11648 raised the age of sexual consent, which is the basis for determining statutory rape, from 12 to 16 years old to provide more protection for young people against sexual exploitation and abuse.
Under the new law, rape is committed by a person who shall have carnal knowledge of another person “when the offended party is under 16 years of age or is demented, even though none of the circumstances mentioned above be present.”
“Provided, that there shall be no criminal liability on the part of a person having carnal knowledge of another person under 16 years of age when the age difference between the parties is not more than three years, and the sexual act in question is proven to be consensual, non-abusive, and non-exploitative: Provided, further, that if the victim is under 13 years of age, this exception shall not apply,” it added.
As used in this act, non-abusive shall mean the absence of undue influence, intimidation, fraudulent machinations, coercion, threat, physical, sexual, psychological, or mental injury or maltreatment, either with intention or through neglect, during the sexual activities with child victim, the law said.
On the other hand, non-exploitative shall mean there is no actual or attempted act or acts of unfairly taking advantage of the child’s position of vulnerability, differential power, or trust during sexual activities.
RA 11648 also amended Articles 337 or “qualified seduction” of the Revised Penal Code which now reads: “The seduction of a minor, 16 and over but under 18 years of age, committed by any person in public authority, priest, home-servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the education of custody of the minor seduced, shall be punished by prision correctional in its minimum and medium periods.”
“The penalty next higher in degree shall be imposed upon by any person who shall seduce his sister or descendant, whether or not she is a virgin or over 18 years of age,” the amended provision added.
The new law said seduction is committed “when the offender has carnal knowledge of any of the persons and under circumstances described therein.”
“The seduction of a minor, 16 and over but under 18 years of age, committed by means of deceit, shall be punished by arresto mayor,” the amended Article 388 read.
Under the new law, children, whether male or female, who for money, profit, or any other consideration or due to coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, “are deemed to be children exploited in prostitution and other sexual abuse.”
RA 11648 also mandates the Department of Education (DepEd) to include in the basic education curriculum and teach age-appropriate subjects tackling the rights and protection of the children in relation to the law.