MICHAEL JOHN Z. MALTO v.

PEOPLE OF THE PHILIPPINES

G.R. No. 164733, September 21, 2007
Corona, J.

Doctrine:
The sweetheart theory cannot be invoked for purposes of sexual intercourse and lascivious conduct in
child abuse cases under RA 7610. Consent is immaterial because the mere act of having sexual
intercourse or committing lascivious conduct with a child who is subjected to sexual abuse constitutes
the offense. Moreover, a child is presumed by law to be incapable of giving rational consent to any
lascivious act or sexual intercourse.

Facts:
Sometime during the month of November 1997 to 1998, Malto seduced his student, AAA, a minor, to
indulge in sexual intercourse several times with him. Prior to the incident, petitioner and AAA had a
mutual understanding and became sweethearts. Pressured and afraid of the petitioners threat to
end their relationship, AAA succumbed and both had sexual intercourse.

Upon discovery of what AAA underwent, BBB, AAAs mother lodged a complaint in the Office of the
City Prosecutor of Pasay City which led to the filing of Criminal Case No. 00-0691.

The petitioner did not make a plea when arraigned. Hence, the trial court entered for him a plea of
not guilty. The trial court found the evidence for the prosecution sufficient to sustain petitioners
conviction. The trail court rendered a decision finding petitioner guilty and sentenced him to
reclusion temporal and to pay an indemnity of Php. 75,000 and damages of Php. 50,000.

Petitioner questioned the trial courts decision in the CA. The CA modified the decision of the trial
court. The appellate court affirmed his conviction and ruled that the trial court erred in awarding
Php. 75,000 civil indemnity in favor of AAA as it was proper only in a conviction for rape committed
under the circumstances under which the death penalty was authorized by law.

Issue:
Whether the CA erred in sustaining petitioners conviction on the grounds that there was no rape
committed since their sexual intercourse was consensual by reason of their sweetheart relationship

Held:
No. The sweetheart theory cannot be invoked for purposes of sexual intercourse and lascivious
conduct in child abuse cases under RA 7610. Consent is immaterial because the mere act of having
sexual intercourse or committing lascivious conduct with a child who is subjected to sexual abuse
constitutes the offense. Moreover, a child is presumed by law to be incapable of giving rational
consent to any lascivious act or sexual intercourse.