FACTS:

Gaspar Olayon was charged with violation of Section 10(a) of Republic Act No. 7610, based on two separate Informations filed against him in the RTC of Pasig City, which alleged sexual intercourse and lewd acts with a minor named AAA. Another case for acts of lasciviousness was filed against Olayon in the RTC of Taguig but was later transferred and consolidated with the cases in Pasig City. The Pasig City RTC acquitted Olayon of acts of lasciviousness but convicted him of violating Section 10(a) of RA 7610, finding that although the sexual liaisons between Olayon and AAA were consensual, Olayon took advantage of AAA's minority, thereby violating the law. Olayon appealed the decision, and the Court of Appeals reversed the trial court's ruling, acquitting Olayon. The Court of Appeals reasoned that consensual sexual intercourse with a minor does not fall under the definition of "child abuse" under Section 10(a) of RA 7610.

ISSUES:

1. Whether consensual sexual intercourse with a minor can be classified as child abuse under Section 10(a) of Republic Act No. 7610.

2. Whether the accused can be held liable for violation of Section 10(a) of Republic Act No. 7610.

RULING:

1. The Court of Appeals answered both issues in the negative. The accused was acquitted of violation of Section 10(a) of Republic Act No. 7610. The trial court's decision was reversed.

PRINCIPLES:

• "Acts of child abuse" under Section 10(a) of Republic Act No. 7610 refer to those acts listed under Section 3(b) of the same law, which include psychological and physical abuse, neglect, cruelty, sexual abuse, and emotional maltreatment.

• Consensual sexual intercourse between the accused and the minor does not fall under the definition of "sexual abuse" under Section 5 of Republic Act No. 7610, which is a completely distinct offense from "child abuse" under Section 10.