Dear Atty. Gab,

Musta Atty! I’m writing to you po with a heavy heart and a lot of confusion. My niece, “Maria,” who is just 15 years old, recently confided in me about some very disturbing things happening at home. She lives with her mother and her stepfather, Mr. Roberto Valdez. Maria told me that over the past few months, Mr. Valdez has been doing inappropriate things when her mother isn’t around. She said he sometimes corners her, touches her shoulders or back in ways that make her uncomfortable, and has tried to kiss her cheek or hair. Last week, she said he even tried to touch her chest, but she managed to push him away and run to her room.

Maria is terrified, Atty. She hasn’t told her mother because Mr. Valdez is the main provider for the family, and he apparently told Maria that nobody would believe her and that telling anyone would cause trouble for everyone. She’s scared of breaking her family apart or making things worse. When she was telling me, some details seemed a bit jumbled, like she wasn’t sure exactly which day certain things happened, but the core story of his unwanted advances was consistent. She breaks down crying whenever she tries to talk about it.

I feel helpless and angry. I want to protect Maria, but I don’t know the right steps to take. What are Maria’s rights in this situation? Can something be done legally even if he hasn’t done anything ‘worse’ yet, and even if her memory of specific dates is a bit shaky because she’s so traumatized? What happens if he denies everything? I’m worried sick about her safety and well-being. Any guidance you can offer would be deeply appreciated po.

Hoping for your help,
Ana Ibarra

Dear Ana,

Musta Atty! Thank you for reaching out and sharing this deeply concerning situation about your niece, Maria. It takes courage to seek help, and your worry for her is understandable and commendable. Please know that Philippine law takes the protection of children very seriously, and there are legal avenues available even in sensitive situations like this.

The law recognizes that abuse can take many forms, not just the most severe acts. Unwanted touching, acts causing discomfort or fear, and behavior that demeans a child’s dignity, especially by someone in a position of authority like a stepfather, are treated with gravity. The victim’s testimony is often paramount in these cases, and the law understands that trauma can affect memory, so minor inconsistencies do not automatically discredit a truthful account. It’s crucial to prioritize Maria’s safety and well-being while considering the appropriate legal steps.

Protecting Minors: Understanding the Laws Against Child Abuse and Exploitation

The situation you described involving your niece Maria and her stepfather falls under the scope of laws designed specifically to protect minors from abuse, particularly Republic Act No. 7610, also known as the Special Protection of Children Against Abuse, Exploitation and Discrimination Act. This law addresses various forms of child abuse, including acts that may not amount to rape but still constitute sexual abuse.

Specifically, Section 5(b) of R.A. 7610 penalizes those who commit acts of “lascivious conduct” or other forms of sexual abuse against a child. This includes actions driven by lewd designs, such as the inappropriate touching Maria experienced. The law recognizes the vulnerability of children and imposes stricter penalties when the perpetrator has moral ascendancy over the victim, such as a stepfather. This position of influence makes it harder for the child to resist or report the abuse, a factor the law takes into account.

Section 5. Child Prostitution and Other Sexual Abuse. – …The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: … (b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subject to other sexual abuse…
(Republic Act No. 7610)

This provision highlights that acts like unwanted touching, fondling, or other liberties taken with a child’s body driven by lewd design are punishable offenses. The stepfather’s actions, as described by Maria, likely fall under this category of other sexual abuse or lascivious conduct.

Furthermore, the element of intimidation seems present, given that Mr. Valdez allegedly threatened Maria about the consequences of reporting his actions. Even if the physical acts haven’t escalated to penetration, the fear and coercion involved are significant legal factors. Should the acts involve carnal knowledge, Article 266-A of the Revised Penal Code defines rape, which includes acts committed through force, threat, or intimidation, or when the victim is under 12 (statutory rape, where consent is immaterial). While Maria is 15, the presence of threat or intimidation remains a crucial element if the abuse escalates.

A common defense in such cases is denial. However, courts often find that a child victim’s testimony, when clear, consistent on material points, and credible, is sufficient for conviction. The Supreme Court has consistently held that minor inconsistencies in a victim’s testimony, especially a child’s, do not necessarily impair credibility. Trauma, fear, and the passage of time can affect recollection of peripheral details, but the core narrative often remains intact.

Inconsistencies in the victim’s testimony do not impair her credibility, especially if the inconsistencies refer to trivial matters that do not alter the essential fact of the commission of [the offense]. The trial court’s assessment of the witnesses’ credibility is given great weight and is even conclusive and binding.

This principle means that Maria’s difficulty recalling exact dates might not weaken her case, provided her account of the abuse itself is consistent and believable. The courts understand the psychological impact of such experiences on children.

The assessment of a witness’s credibility is primarily the role of the trial court judge, who has the unique opportunity to observe the witness’s demeanor firsthand. Higher courts generally defer to the trial court’s findings on credibility unless there is a clear showing that significant facts were overlooked.

[W]hen the decision hinges on the credibility of witnesses and their respective testimonies, the trial court’s observations and conclusions deserve great respect and are often accorded finality… Unless certain facts of substance and value were overlooked which, if considered, might affect the result of the case, its assessment must be respected…

Therefore, if Maria provides a straightforward and convincing testimony, corroborated perhaps by her demeanor, signs of distress, or even your testimony about her disclosure, it can stand against the stepfather’s denial. The fact that he is her stepfather adds weight to the situation due to the abuse of confidence and moral ascendancy involved.

Practical Advice for Your Situation

• Ensure Maria’s Immediate Safety: This is the top priority. If you believe she is in imminent danger, explore options for her to stay temporarily with trusted relatives or friends where the stepfather has no access.
• Listen and Document: Continue to be a safe person for Maria to confide in. Encourage her, without pressure, to write down or tell you everything she remembers about each incident – what was said, what was done, where it happened, approximate dates/times, and any potential witnesses (even if they only saw her distress afterwards).
• Seek Professional Support: Contact the Department of Social Welfare and Development (DSWD) or reputable NGOs like Bantay Bata 163 or the Child Protection Network Foundation. They can provide counseling for Maria, support for your family, and guidance on navigating the reporting process.
• Report the Abuse: Consider reporting the incidents to the Women and Children Protection Desk (WCPD) of the Philippine National Police (PNP) or your local Barangay Council for the Protection of Children (BCPC). They are trained to handle such cases sensitively.
• Preserve Any Evidence: While testimony is key, keep note of any related evidence, such as changes in Maria’s behavior, school performance issues, or if she confided in any friends.
• Consult a Lawyer: Seek formal legal advice from a lawyer specializing in child protection or family law. They can explain the legal process, help file a formal complaint, and represent Maria’s interests.
• Explain Legal Realities Gently: Reassure Maria that the legal system understands trauma can affect memory and that her voice matters. Explain that telling the truth is the most important thing.

This is undoubtedly a difficult and painful situation, Ana. Your support for Maria is invaluable. Taking careful, informed steps can help protect her and seek accountability for the harm she has experienced. Remember to prioritize her emotional well-being 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.