Important: This is general legal information for the Philippines as of 2025. It isn’t a substitute for advice from a Philippine lawyer who can assess specific facts.
1) Why the age of the child matters
- A 15-year-old is below the current age of sexual consent (16) in the Philippines. “Consent” from a 15-year-old has no legal effect in criminal cases involving sexual exploitation or lewd acts.
- Because of the child’s age, prosecutors will typically charge under special child-protection laws (heavier penalties) when the facts fit, and otherwise under the Revised Penal Code (RPC).
2) Core legal bases you’ll see charged
Revised Penal Code (RPC) Article 336 — Acts of Lasciviousness Punishes lewd acts done by using violence, intimidation, coercion, or on a person deprived of reason or otherwise incapable of giving valid consent. Penalty category: prisión correccional (roughly 6 months and 1 day up to 6 years), subject to increases or adjustments in specific situations (see §6).
Special Protection of Children Against Abuse, Exploitation and Discrimination Act (RA 7610) Covers “lascivious conduct” with a child (anyone below 18, or over 18 but unable to fully care for themselves due to disability) who is exploited in prostitution or subjected to sexual abuse. Penalties here are significantly heavier than the RPC, and can reach long-term imprisonment (up to reclusion perpetua) when qualifying circumstances are present.
Cybercrime Prevention Act (RA 10175) If the lascivious act is committed through information and communications technology (ICT) (e.g., grooming via chat, coercing the child to send sexual images, live streams), the penalty is typically increased by one degree over the base offense.
Related special laws that often travel with the charges
- Anti-Child Pornography Act (RA 9775) — creating, possessing, sharing, or profiting from sexualized images or videos of a minor.
- Anti-Photo and Video Voyeurism Act (RA 9995) — recording or distributing images of a person’s private area/act without consent.
- Anti-Trafficking in Persons Act (RA 9208 as amended by RA 10364) — recruitment/transport/obtaining of a child for sexual exploitation, including online sexual exploitation.
- Safe Spaces Act (RA 11313) — gender-based online sexual harassment (may be charged in addition to child-specific laws).
- Anti-Sexual Harassment Act (RA 7877) and DepEd/CHED child protection rules — administrative and criminal liability for teachers/coaches/supervisors.
3) What counts as “acts of lasciviousness” or “lascivious conduct”?
Lewd or lascivious acts are those intended to arouse or gratify sexual desire, falling short of sexual intercourse or oral/anal penetration (which would be charged under rape/sexual assault statutes).
Examples commonly prosecuted:
- Touching, groping, or rubbing the child’s intimate parts, or forcing the child to touch the offender.
- Kissing or caressing done with sexual intent.
- Exposing genitals to the child or masturbating in the child’s presence (often charged under special laws, especially if recorded or done online).
- Inducing a child to undress, send nude images, or perform sexual acts over video or in person.
Online grooming or demands for “content” are typically charged under RA 7610/RA 9775 and RA 10175 (penalty one-degree higher for ICT use).
4) Which law applies in practice?
Think of a charging ladder:
- If the child was prostituted, trafficked, or otherwise “sexually abused” (e.g., exploited for value, coerced/manipulated in a context of abuse) → RA 7610 usually governs (heavier penalties).
- If none of RA 7610’s exploitation/sexual-abuse hooks are present, but there was violence, intimidation, or the child’s incapacity to validly consent (as a 15-year-old) → prosecutors often charge RPC Art. 336; courts still treat the child’s age as making “consent” legally meaningless.
- If done via ICT (e.g., chats, social media, live video), add RA 10175 (one-degree higher penalty) and often RA 9775.
- If there’s penetration (even slight), the more serious rape/sexual assault provisions apply instead of Art. 336.
5) Elements prosecutors typically prove
While formulations differ by charge, expect proof on:
- Identity of the accused and age of the victim (15).
- Lewd intent (inferred from the act, words, circumstances).
- The act itself (touching, forcing exposure, inducing sexual display, etc.).
- Means (violence, intimidation, abuse of authority/trust, or ICT).
- Context of exploitation/sexual abuse (for RA 7610), if invoked.
- Absence of a valid defense (e.g., alibi, lack of lewd intent).
Child-specific rules (see §10) ease testimony requirements and allow protective procedures.
6) Penalties (high-level guide)
Exact ranges depend on the final charge, qualifying circumstances, and whether ICT was used. Courts may also award civil damages. Below is a practical map to understand exposure:
RPC Art. 336 (Acts of Lasciviousness): Baseline prisión correccional (about 6 months and 1 day up to 6 years).
- If committed through ICT → one degree higher under RA 10175.
- Aggravating circumstances (e.g., use of deadly weapon, abuse of authority, nighttime, dwelling, or if the victim is under custodial care/trust) can push the penalty toward the maximum.
RA 7610 (lascivious conduct with a child exploited in prostitution/sexual abuse): Substantially heavier than Art. 336 and can reach reclusion temporal to reclusion perpetua depending on facts (e.g., involvement of syndicates/parents/guardians, use of threats/violence, or if conducted for profit).
- Committed via ICT / recorded / distributed → expect stacked charges (RA 10175 + RA 9775) and higher penalty degrees.
Accessory/related penalties and consequences:
- Civil damages (moral, exemplary, temperate/actual), psychological counseling costs, legal interest.
- Protective orders (see §8) and stay-away orders.
- Deportation (after sentence) for foreign nationals, disqualification from public office/teaching or similar roles when relevant.
- Probation/bail depend on the penalty imposed and stage of the case; higher-end RA 7610 charges are often non-bailable as a matter of right (bail becomes discretionary).
7) Defenses commonly raised (and why they usually fail with minors)
- “Consent / sweetheart” defense — legally irrelevant for a 15-year-old.
- Lack of lewd intent — courts infer intent from the act (e.g., groping intimate parts).
- Fabrication — credibility attacks are common; however, child-witness rules and corroborative evidence (digital traces, medical findings, prior consistent statements) often defeat this.
- Alibi — weak unless physically impossible to be at the crime scene or to have used the account/device.
8) Immediate remedies and protection for the child
Report right away to the PNP Women and Children Protection Desk (WCPD) or NBI (Anti-Human Trafficking Division / Cybercrime Division), Prosecutor’s Office, or DSWD. Medical care and psychosocial services can start immediately.
Emergency protection:
- In-camera testimony, video-link testimony, screens/one-way mirrors, and support persons under the Rule on Examination of a Child Witness.
- Barangay Protection Orders (BPOs) or Temporary/ Permanent Protection Orders (especially when the abuser is a household member or in situations falling under VAWC, RA 9262).
- No contact directives and school-based safety measures under DepEd/CHED child protection policies.
9) Civil actions (can be filed alongside or after the criminal case)
- Moral and exemplary damages, psychological injury damages, medical/therapy expenses, lost opportunities, plus legal interest from finality of judgment.
- Parents/guardians may file on behalf of the minor; the Public Attorney’s Office (PAO) or private prosecutors often assist in the criminal case while reserving or pursuing civil claims.
10) Special procedures that make child cases different
- Child-sensitive investigations: sworn statements taken with social workers; forensic interviews aim to minimize repeated retelling.
- Evidentiary rules: courts accept child-friendly testimony methods; fresh complaint and behavioral indicators can corroborate.
- Privacy: closed-door trials, sealed records, and name-suppression protect the child’s identity.
- Mandatory reporting: selected professionals (e.g., teachers, health workers, social workers) are mandated to report suspected child abuse; failure can lead to liability.
11) Digital/online scenarios you should not overlook
- Grooming, sextortion, forced “content,” livestreaming → expect combined charges (RA 7610 + RA 9775 + RA 10175). Even if there is no physical contact, lascivious conduct and child pornography offenses can still be committed.
- Device and account forensics (phones, laptops, cloud backups) often make or break these cases. Preserve evidence—don’t delete or “confront” the suspect online; instead, screenshot, export chats, and hand devices to law enforcement.
12) If the accused is also a minor
- The Juvenile Justice and Welfare Act (RA 9344, as amended) applies. Proceedings focus on diversion and rehabilitation, but serious offenses (especially with heavy penalties under RA 7610/RA 9775) can still be prosecuted with age-appropriate procedures and sanctions.
13) Time limits (prescription) and venue
Where to file: ordinarily in the place where the act occurred or, for cyber offenses, where any essential element happened (including where the material was produced/received).
Prescription:
- RPC Art. 336 (prisión correccional) — generally 10 years to commence prosecution.
- Special laws (like RA 7610/9775) follow special-law prescription rules tied to the penalty; heavier penalties mean longer (often 12–20 years) prescription.
- Prescription can be tolled (paused) by factors such as the accused’s absence from the Philippines or filing of a complaint.
14) Practical playbook for guardians and advocates
- Get the child to safety; seek medical attention (even if the incident was not “penetrative”).
- Report to PNP-WCPD/NBI and DSWD; ask for a protection order if needed.
- Preserve evidence: clothing, chats, call logs, photos, videos, devices. Keep an incident timeline with dates, places, names.
- Coordinate with the prosecutor on the proper charge selection (RA 7610 vs RPC Art. 336, plus any cyber/child-porn counts).
- Claim civil damages in the criminal case (or reserve them) and document all therapy and treatment costs.
- Engage school administrators for safety accommodations if the abuser is a school staffer/student.
15) Sentencing trends and aggravating factors that increase exposure
- Abuse of trust/authority (teacher, coach, religious leader, guardian), use of threats/violence, recording/dissemination, for profit, acting with others/syndicate, and recidivism often push courts toward maximum penalties under RA 7610 and related laws.
- Use of ICT reliably bumps the penalty up by one degree and opens the door to separate convictions for child pornography and voyeurism.
16) Key takeaways
- For a 15-year-old, consent is not a defense.
- RA 7610 is the workhorse for cases involving exploitation or sexual abuse of children and carries the heaviest penalties; RPC Art. 336 applies where RA 7610 doesn’t, and RA 10175 upgrades penalties for ICT-based offenses.
- Victims and families have strong protection and civil-damage remedies, and there are child-sensitive procedures to reduce trauma while prosecuting.
Need tailored guidance?
If you’re dealing with a real case, a Philippine criminal law/child-protection lawyer can evaluate the facts, pick the strongest charges, and move quickly on protective orders and evidence preservation.