This case has been cited 2 times or more.
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2015-11-10 |
LEONARDO-DE CASTRO, J. |
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| In line with current jurisprudence, the Court of Appeals' awards of civil indemnity and moral damages are each increased to PI00,000.00. AAA is further entitled to the award of PI00,000.00 as exemplary damages.[33] | |||||
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2015-10-20 |
PERALTA, J. |
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| Second, petitioner clearly has moral ascendancy over the minor victim not just because of his relative seniority but more importantly due to the presumed presence of mutual trust and confidence between them by virtue of an existing employment relationship, AAA being a domestic helper in petitioner's household. Notably, a child is considered as sexually abused under Section 5(b) of R.A. No. 7610 when he or she is subjected to lascivious conduct under the coercion or influence of any adult. Intimidation need not necessarily be irresistible. It is sufficient that some compulsion equivalent to intimidation annuls or subdues the free exercise of the will of the offended party.[54] The law does not require physical violence on the person of the victim; moral coercion or ascendancy is sufficient.[55] On this point, Caballo v. People[56] explicated: As it is presently worded, Section 5, Article III of RA 7610 provides that when a child indulges in sexual intercourse or any lascivious conduct due to the coercion or influence of any adult, the child is deemed to be a "child exploited in prostitution and other sexual abuse." In this manner, the law is able to act as an effective deterrent to quell all forms of abuse, neglect, cruelty, exploitation and discrimination against children, prejudicial as they are to their development. | |||||