G.R. No. 210161, January 10, 2018
Single Act Multiple Offenses
Facts: Two
Informations for child abuse were filed against Udang for violation
of Article 266-A in relation to Sec. 5 (b) of R.A. 7610. RTC
convicted Udang of rape under Article 266-A(1) of the RPC, instead
of sexual abuse under Section 5(b) of RA No. 7610. It ratiocinated
that while the allegations in the first and second Informations
satisfied the elements of rape under the first and third paragraphs
of Article 266-A, respectively, the charges can only be one (1) for
rape under the first paragraph of Article 266-A because "[an]
accused cannot be prosecuted twice for a single criminal act."
Issue: Whether Udang's
right against double jeopardy be violated if he was charged with both
rape, under Article 266-A(1) of the RPC, and sexual abuse, under
Section 5(b) of RA No. 7610.
Held: No. For
there to be double jeopardy, "a first jeopardy [must] ha[ve]
attached prior to the second; the first jeopardy has been validly
terminated; and a second jeopardy is for the same offense as that in
the first."
Rape
and sexual abuse are two (2) separate crimes with distinct elements.
The "force, threat, or intimidation" or deprivation of
reason or unconsciousness required in Article 266-A(1) of the Revised
Penal Code is not the same as the "coercion or influence"
required in Section 5(b) of Republic Act No. 7610. The mere act of
having sexual intercourse or committing lascivious conduct with a
child who is exploited in prostitution or subjected to sexual abuse
constitutes the offense. However, consent exonerates an accused from
a rape charge.
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