Practice question
A fourteen-year-old has carnal knowledge of a twelve-year-old. Counsel invokes only RA 11648's close-in-age exception because the actual age difference is two years and asserts that the act was consensual and non-abusive. Without deciding the actor's separate juvenile-justice treatment, can that close-in-age exception apply to the victim's age?
- Yes, any age difference of three years or less is sufficient.
- Yes, consent removes the statutory minimum age restriction.
- No; the statute expressly withholds that exception when the victim is under thirteen.
- Yes, if a parent approves.
- No, because the age difference is more than three years.
Legal references
- Revised Penal Code, Act No. 3815, specified articles, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426; Articles 246, 249 and 255.
- RA 7659, Sections 6–9, amended murder, infanticide, kidnapping and robbery provisions, subject to RA 9346 death-penalty prohibition: https://lawphil.net/statutes/repacts/ra1993/ra_7659_1993.html; Articles 248 and 255.
- RA 11648, Section 1, amended Article 266-A and close-in-age exception: https://lawphil.net/statutes/repacts/ra2022/ra_11648_2022.html
- RA 9346, Sections 1–4, death-penalty prohibition, substitute penalties and clemency: https://lawphil.net/statutes/repacts/ra2006/ra_9346_2006.html
- Revised Rules of Criminal Procedure, Rule 110 Sections 8–9, allegation of qualifying and aggravating circumstances: https://lawphil.net/courts/rules/rc_110-127_crim.html
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