In the Philippines, the legal framework governing relationships between minors and adults is stringent, primarily designed to protect children from exploitation, abuse, and discrimination. While "dating" itself is a social concept, the moment a relationship involves a minor (any individual under 18 years of age) and an adult, it falls under the scrutiny of several Philippine penal laws.
1. The Definition of a Minor
Under Republic Act No. 6809, the age of majority in the Philippines is 18 years. Any person below this age is considered a child or a minor. Legally, a minor lacks the capacity to give full, voluntary, and intelligent consent in the context of sexual or quasi-sexual relationships with an adult.
2. Statutory Rape and the Age of Sexual Consent
The most critical legal boundary is the age of sexual consent.
- Republic Act No. 11648 (2022): This law raised the age of sexual consent from 12 to 16 years old.
- Implication: Any sexual act committed against a person under 16 is considered statutory rape, regardless of whether the minor "consented" or if the relationship was "romantic."
- For Minors aged 16 and 17: While they are above the age of statutory rape, they are still protected under child abuse laws if the adult exercises influence, authority, or moral ascendancy over them.
3. R.A. 7610: The Child Abuse Law
The Special Protection of Children Against Abuse, Exploitation and Discrimination Act (Republic Act No. 7610) is the primary legislation used to prosecute "dating" relationships that are deemed exploitative.
- Child Abuse: Defined as any act by deeds or words which debases, degrades, or demeans the intrinsic worth and dignity of a child.
- Other Acts of Abuse: Section 10(a) of R.A. 7610 is a "catch-all" provision. An adult dating a minor can be charged under this section if the relationship is proven to be prejudicial to the child's development or if it involves "circumstances which substitute for child abuse."
- Jurisprudence: Philippine courts have consistently ruled that an adult who enters into a romantic or sexual relationship with a minor is committing a form of child abuse because of the inherent power imbalance.
4. The "Romeo and Juliet" Exception
Under R.A. 11648, there is a limited exception to prevent the "criminalization" of peer-to-peer relationships:
- The exception applies if the perpetrator is not more than three (3) years older than the minor (who must be at least 13 but under 16).
- The act must be consensual, non-commercial, and non-abusive.
- Crucial Note: This exception does not apply if the "adult" is significantly older or if there is any form of coercion or abuse of authority.
5. Acts of Lasciviousness
Even if no sexual intercourse occurs, "dating" activities that involve lewd or lascivious conduct (touching, suggestive behavior) can lead to charges of Acts of Lasciviousness under the Revised Penal Code, in relation to R.A. 7610. The penalties are significantly increased when the victim is a minor.
6. The Role of Parental Consent
A common misconception is that parental consent legitimizes a relationship between an adult and a minor.
- Legal Reality: Parents cannot "consent" to their child being in a relationship that violates the law. In fact, parents who allow or encourage such relationships can be held liable for Child Abuse or Neglect and may lose parental authority under the Family Code.
Summary of Penalties
The Philippine legal system imposes heavy penalties for violations involving minors:
| Offense | Relevant Law | Potential Penalty |
|---|---|---|
| Statutory Rape | R.A. 11648 | Reclusion Perpetua (20-40 years) |
| Child Abuse | R.A. 7610 | Prision Mayor to Reclusion Temporal |
| Acts of Lasciviousness | RPC / R.A. 7610 | Prision Correccional to Prision Mayor |
Legal Principle: In the Philippines, the "Best Interests of the Child" is the paramount consideration. The law presumes that a minor is incapable of resisting the influence of an adult, and therefore, the burden of legality rests entirely on the adult.