A Grade 5 Student Gave Birth in Aklan: Its Legal Implications



As reported in ABS-CBNnews.com last November 6, 2014, a 12-year old girl from Kalibo, Aklan gave birth to a baby boy on November 3, 2014 at the Dr. Rafael S. Tumbokon Memorial Hospital in the province.

Unfortunately, the family of the said girl minor had no knowledge about her pregnancy and even had no idea on the identity of the father of the baby.

Granting sans accepting that it was a consented sex between the minor girl and the guy who fathered the baby, what is its legal implication, if any?

As provided in Article 266-A of the Revised Penal Code of the Philippines, specifically on how rape is committed:

Rape is committed - 

1.  By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a.  Through force, threat or intimidation;
b.  When the offended party is deprived of reason or is otherwise unconscious;
c.  By means of fraudulent machination or grave abuse of authority;
d.  When the offended party is under 12 years of age or is demented, even though none of the circumstances mentioned above be present;

2.  By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person. (R.A. No. 8353, October 22, 1997.)

Granting that the sexual intercourse between the minor girl and her boyfriend took place when the former was 12 years old or under, it is considered as a RAPE. This is known as a STATUTORY RAPE.

It is not important that there must be force, threat or intimidation done by the offender.  It does not matter also that the minor girl must be deprived of reason nor the offender exerted fraudulent machination means to consummate the act.

Whether the act was with consent in the part of the minor girl, it remains a RAPE.



If the crime of rape would not be applicable, the offender may be indicted in the provisions of child abuse as defined in Republic Act No. 7610 or the Special Protection of Children Against Child Abuse, Exploitation and Discrimination, as amended.

Photos used herein are taken from http://m.shutterstock.com.

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