AAA and BBB, both addicted to shabu, engaged in sexual acts with Gramatica and another man in exchange for the drug. Gramatica was later arrested and prosecuted for violation of Section 5(b) of RA 7610, which penalizes lascivious conduct committed against a child exploited in prostitution or other sexual abuse.

A minor is considered to have been subjected to other sexual abuse when they are a victim of lascivious conduct under the coercion or influence of an adult. In this 2 case, BBB was14, and CCC was 17 at the time of the incident. Gramatica was 23, and XXX266039 was 62.

Both courts found that Gramatica took advantage of BBB’s youth and vulnerable situation, using his influence over her to make her submit to his sexual demands. Meanwhile, XXX266039, due to his age and relationship as CCC’s grandfather, was able to exert control over her and exploit her trust. The SC affirmed Gramatica’s conviction under RA 7610, but modified XXX266039’s conviction to acts of lasciviousness under the RPC. The SC clarified the scope of lascivious conduct under Section 5(b) of RA 7610 and distinguished it from related crimes under the RPC.
To ensure uniform and consistent prosecution of cases, the SC laid down guidelines, considering also RA 11648, which raised the age of sexual consent to 16 years old. First, Section 5(b) applies to children aged 16 to below 18 who are subjected to sexual abuse. Second, it covers situations where consent is present but defective. The minor may seem to “indulge” or agree, but does so not out of free will, but because of coercion or influence by an adult. Thus, engaging in sexual acts with a child exploited in prostitution or subjected to sexual abuse is a criminal act, regardless of apparent consent. Third, it does not apply when the act involves force, intimidation, fraud, deprivation of reason, unconsciousness, or grave abuse of authority. In such cases, the crime falls under acts of lasciviousness under the RPC. Fourth, if the victim is under 12 or under 16, and the case does not fit Section 5(b), the crime is rape or acts of lasciviousness under the RPC. These principles, which distinguish force and intimidation on one hand, and coercion and
influence on the other, and limit RA 7610 to minors who are exploited in prostitution or sexual abuse, also apply to other sexual crimes, including rape.

Jeffrey Gramatica y Laurista vs. People of the Philippines and People of the Philippines vs. XXX266039
G.R. No. 260233/G.R. No. 266039. August 12, 2025
J. Inting

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