Dear Atty. Gab,

Musta Atty! I hope this letter finds you well. I’m writing to you with a heavy heart and a lot of confusion regarding a very sensitive situation involving my niece, Ana. She’s only 7 years old. Recently, during a visit, she tearfully told me some disturbing things that her stepfather, Mr. Reyes, has been doing to her when her mother is not around. She described instances where he touched her private parts and one instance that sounded like he forced himself on her. I am shocked and horrified, and honestly, I don’t know what to do.

Ana is very young, and recounting the incidents was difficult for her. Her mother seems unaware or perhaps unwilling to believe it, which makes things even more complicated. I’m worried about Ana’s safety and well-being. My main questions are: What constitutes abuse or rape under the law when the victim is this young? Does lack of physical resistance matter given her age? We also don’t have easy access to her birth certificate right now as Mr. Reyes keeps all family documents. How can we prove her age, which I know is important? Is her word, a 7-year-old’s word, enough for legal action? I feel lost and overwhelmed, fearing the consequences for Ana and the family conflict this will surely cause.

I know this is a delicate matter, but I feel a responsibility to protect my niece. Could you please shed some light on the legal aspects of this situation under Philippine law? Any guidance you can offer would be immensely appreciated.

Sincerely,
Estrella Soriano

Dear Estrella,

Thank you for reaching out and trusting me with this incredibly difficult and sensitive situation concerning your niece, Ana. It takes courage to seek help, and your concern for her is commendable. Please know that Philippine law offers significant protection for children, especially in cases of abuse by family members or those in positions of authority.

The acts you described, if proven, fall under serious crimes defined in our Revised Penal Code, specifically related to rape and acts of lasciviousness, especially considering Ana’s very young age. The law recognizes the vulnerability of children and adjusts legal standards accordingly. The offender’s relationship with the child and the child’s age are critical factors that the law takes into very serious consideration, often leading to graver penalties.

Understanding the Legal Protections for Child Victims of Abuse

Navigating the legal landscape when a child alleges abuse by a family member can be daunting, but understanding the relevant laws is the first step toward seeking justice and protection for Ana. The Revised Penal Code, particularly as amended by laws protecting women and children, provides specific definitions and penalties for acts committed against minors.

When a child is under twelve years old, the law takes a very protective stance. Any carnal knowledge (sexual intercourse) committed against a child below this age is considered statutory rape. This means the crime is committed simply by the act itself, regardless of whether force, threat, or intimidation was used, or even if the child seemingly consented or did not physically resist. The law presumes that a child below twelve is incapable of giving valid consent to a sexual act.

Art. 266-A. Rape, When and How Committed. – Rape is committed –
1. By a man who shall have carnal knowledge of a woman under any of the following circumstances: …
d. When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present;
(Revised Penal Code, as amended)

This provision underscores the absolute protection afforded to very young children. The mere fact that the victim is under 12 makes the act rape.

Furthermore, the situation becomes even more serious legally when the perpetrator is a parent, stepparent, or relative. When rape is committed against a victim under eighteen (18) years of age by such a person, it is classified as qualified rape. This carries a heavier penalty under the law, reflecting the grave abuse of trust and authority involved.

[T]he death penalty [now reclusion perpetua under RA 9346] shall be imposed if the crime of rape is committed “when the victim is under eighteen (18) years of age and the offender is a parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim.” (Article 266-B, Revised Penal Code, as amended)

Regarding the acts of touching Ana’s private parts or making her touch his, these fall under Acts of Lasciviousness. Similar to statutory rape, if these lewd acts are committed upon a child under 12 years old, the crime is established even without force or intimidation. The elements are the commission of a lewd act under circumstances like those qualifying rape (including the victim being under 12).

Art. 336. Acts of lasciviousness. – Any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the preceding article [including the victim being under 12 years of age], shall be punished by prision correccional.
(Revised Penal Code)

You raised a valid concern about proving Ana’s age, especially without immediate access to her birth certificate. While the birth certificate is the best evidence, the law and jurisprudence recognize alternatives. Guidelines exist for proving age:

• The primary evidence is the original or certified true copy of the Certificate of Live Birth.
• In its absence, other authentic documents like baptismal certificates or school records showing the date of birth are acceptable.
• If documents are unavailable, testimony from qualified family members regarding pedigree (like age or birthdate) can be sufficient, especially when proving a child is below a certain age threshold (e.g., proving she is under 12).
• Crucially, an admission by the accused regarding the child’s age can also serve as proof.

Regarding the sufficiency of Ana’s testimony, Philippine courts generally give significant weight and credibility to the testimonies of child victims of sexual abuse, provided they are clear, consistent, and believable. The courts recognize that young children are unlikely to fabricate such serious accusations, especially against a family member, and undergo the trauma of investigation and trial without a genuine grievance.

[T]his Court has repeatedly stressed that no young girl would concoct a sordid tale of so serious a crime as rape at the hands of her own father [or stepfather], undergo medical examination, then subject herself to the stigma and embarrassment of a public trial, if her motive was other than a fervent desire to seek justice.

Therefore, Ana’s straightforward account, despite her age, can be powerful evidence. Corroborating evidence, such as medical findings or testimonies of those she confided in (like you), further strengthens the case, but the child’s testimony alone, if credible, can be sufficient for conviction.

Practical Advice for Your Situation

• Prioritize Ana’s Immediate Safety: If possible, ensure Ana is in a safe environment away from the alleged abuser. Her physical and emotional well-being is paramount.
• Seek Medico-Legal Examination: Take Ana to a hospital with a Women and Children Protection Unit (WCPU) or directly to a medico-legal officer, preferably accredited by the Department of Health or law enforcement agencies, for a physical examination as soon as possible. This can provide crucial physical evidence.
• Document Everything: Write down the details Ana shared, including dates, times, specific acts, and locations, as accurately as possible based on what she told you. Note any changes in her behavior or physical condition.
• Gather Proof of Age: Try to locate any copy of Ana’s birth certificate, baptismal certificate, school records (like Form 137 or report cards), or even health records that indicate her date of birth. If official documents are inaccessible, prepare to potentially rely on testimony.
• Report to Authorities: Report the incident to the Barangay VAWC (Violence Against Women and Children) desk or directly to the Philippine National Police (PNP) Women and Children Protection Desk (WCPD). They are trained to handle such cases sensitively. The Department of Social Welfare and Development (DSWD) should also be informed to provide necessary support and intervention.
• Secure Psycho-Social Support: Arrange for Ana to speak with a child psychologist or counselor. This is vital for her emotional recovery and can also help in preparing her should she need to testify. Support should also be available for you and other supportive family members.
• Consult a Lawyer: Engage the services of a lawyer specializing in child abuse cases or seek assistance from the Public Attorney’s Office (PAO) if needed. Legal counsel is crucial for navigating the investigation and potential prosecution.
• Trust Ana’s Testimony: Understand that the legal system, while requiring proof, gives considerable weight to a child’s credible testimony in abuse cases. Support Ana fully if she needs to recount her experience to authorities or in court.

This is undoubtedly a challenging path, Estrella, filled with emotional difficulties. However, taking these steps is crucial for Ana’s protection and for holding the perpetrator accountable under the law. The legal system provides mechanisms to protect child victims, and your support will be invaluable to Ana throughout this process.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.