THE number of very young mothers in the Philippines has alarmed officials, who have called for more programs to prevent pregnancies among adolescents to protect their well-being. 

Even though teenage pregnancies in the country have gone down in general, a significant number of 10 to 14-year-olds have gotten pregnant in previous years, according to the Commission on Population. 

Another worrying detail officials have seen is that older men fathered the children of these very young mothers.

In most cases, their sexual partners were three to five years older. In a few cases, the fathers were ten years older than the teenage moms. 

Many of these incidents, especially those involving much older fathers, violate the law, or Republic Act 11648, that raised the age of consent in the country from 12 years old to 16 years old. 

This means adults who have sexual relations with teenagers below 16 years old have committed statutory rape. These adults cannot say that the minors agreed to sexual relations because, in the eyes of the law, the children could not have legally consented to the sexual acts.  

Senate President Juan Miguel Zubiri has called on law enforcers to arrest and prosecute adults who enter into sexual relationships with minors, stressing that “rape is a heinous crime.” 

How it defines rape 

RA 11648 states that rape is committed when the offended party is under 16 years old. It is also rape when a person has sexual relations with someone demented. 

There will be no criminal liability when the age difference between the parties is not more than three years, and the sexual act is proven to be “consensual, non-abusive, and non-exploitative.” But if the victim is younger than 13 years old, this exception will not apply. 

“Non-abuse” means there was no undue influence, intimidation, fraudulent machinations, coercion, threat, physical, sexual, psychological, or mental injury or maltreatment during the conduct of sexual activities with the child victim.

“Non-exploitative” means there is no actual or attempted act of unfairly taking advantage of the child’s vulnerability, differential power, or trust during sexual activities.

The penalty for rape is reclusion perpetua or imprisonment for 20 to 40 years. 

Seduction

The law also penalizes the seduction of teenagers 16 and above but younger than 18. Seduction is committed when the offender has carnal knowledge of these teenagers under specified circumstances. 

Simple seduction is seduction of the minor committed employing deceit. It will be punished by one to six months imprisonment. 

On the other hand, qualified seduction is committed by authority figures, including a person in public authority, priest, home-servant, domestic, guardian, teacher, or any person entrusted with the education or custody of the minor seduced. 

The penalty for qualified seduction is six months to three years imprisonment.   

The law also penalizes the seduction of a sister or descendant “whether or not she be a virgin or over eighteen years of age,” with the next higher degree. 

Bringing minors to hotels or bars 

The law also penalizes any person who shall have in their company a minor 16 or younger, or who is ten years or more their junior, in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach, and/or other tourist or similar places.

The punishment is up to 12 years imprisonment and a minimum fine of P50,000. 

This provision will not apply to any person who is related within the fourth degree of consanguinity or affinity or any blood recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.

Child prostitution

Those who commit sexual intercourse or lascivious conduct with a minor below 16 years old who is exploited in prostitution or subjected to other sexual abuse will be prosecuted for rape or lascivious conduct. 

The penalty for lascivious conduct when the victim is under 16 years old is reclusion perpetua in its medium period.