Ka-Freddie, ikaw na!
In line with Freddie Aguilar’s recent admission that he has a 16-year-old girlfriend (the girl, Jovie Albao, is 44 years his junior!) and that he intends to start a family with her soon, we did a bit of research and consulted with an attorney (thanks, Atty. Madelaine Monteza!) to find out if this whole thing is legal. In particualr, we ask: Makukulong ba si Ka-Freddie?
Is there a law that forbids a senior citizen to hook up with a minor? Can Jovie's parents sue Freddie for having a relationship with her? And are they allowed to, uhm, be intimate? No offense to you and your intentions, Mr. Aguilar, but some of us are just plain curious. Scroll down to find out!
Images taken from Pinoyrapradio.com
Is there a law that forbids an adult from having a romantic relationship with a minor?
There is no law outrightly forbidding senior citizens to have a relationship with minors. However, just as the state sets limit to the relationship of two consenting adults, there are also limits to the relationship of an adult and a minor. Hence, they've implemented several laws to ensure that the welfare and interests of minors aren't prejudiced. "Simply put, laws only come into play if the minor experiences any form of abuse, cruelty, exploitation, discrimination, or danger," says Atty. Monteza.
What if the minor is only hooking-up with the tander out of necessity? 'Di ba uso 'to nung unang panahon?
If it can be proved that the adult used deceit (such as the promise of material things and/or marriage) in exchange for her affection (and some good ol' sex), he's screwed. "Under Article 338 of the Revised Penal Code, simple seduction is considered a crime against chastity," explains our lady lawyer. "But there can be no crime of seduction if the sexual intercourse was a product of mutual desire."
There's also Republic Act 7610, also known as the “Child Abuse Law.” It proscribes child prostitution and sexual abuse, and punishes those who commit the act of sexual intercourse or lascivious conduct with an abused child.
Can Jovie's parents sue Freddie for having a relationship with their teen daughter?
"The parents cannot sue Freddie," says Atty. Monteza. "But it's worth noting that because she's a minor, the parents still have full custody of Jovie, which means that if the crimes mentioned above were filed, they can sue him on their daughter's behalf."
"But there is one exception: The crime of seduction remains to be a private crime, which means only the girl can initiate the prosecution of the offense," continues our legal advisor. "If she fails to file the complaint, her parents, grandparents, or guardian may file the same, exclusively in that order." The state cannot initiate the filing of the case.
Can Jovie's parents be sued for allowing their daughter to have a relationship with Freddie?
There is no law that can prosecute parents who allow their children to be in a relationship with a senior citizen. Unless, of course, they encourage their teen daughter to engage in prostitution, which (we hope) is not the case here.
NEXT: Can Ka Freddie and Jovie marry?
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