WALANG BATAS NA 16 ANG AGE OF SEXUAL CONSENT? | ATTY. LIBAYAN VS. THE JUSTICES
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00:00.5
If something happened in that Age of Sexual Consent debate, it is to prove the camp of Rafi Tulfo that they are wrong.
00:10.1
Banking on Republic Act 11648 as delineating or proclaiming that the Age of Sexual Consent is 16.
00:20.6
Panoorin niyo yung videos nila. Si Estelastico, si Melo Yap. Lahat sila.
00:26.7
They are saying that Republic Act 11648 said that the Age of Sexual Consent is 16.
00:34.3
Pati si Fiscal EJ doon sa debate. Republic Act 11648. Anong sabi ng mga justices? No. Walang batas.
00:44.1
Anong sabi mo? I am banking only on RA 11648?
00:49.1
Hindi ka naman siguro bingi when I said during the debate that the Age of Sexual Consent is 16.
00:55.8
Not only pursuant.
00:56.7
Not only pursuant to RA 11648, but also pursuant to the principles laid down in the Tulagan and the Bangayan cases.
01:05.0
Ito pa ang nakakagulat.
01:08.2
Come again, Atty. Libayan. Anong sabi mo? Wala daw batas, sabi ng mga justices?
01:14.5
Pakinggan natin straight from the horse's mouth si Justice Teresita Baldos kung totoo nga ang sinasabi mo.
01:22.0
Para sa akin, from my mind and to my persuasion,
01:27.1
I am inclined to sustain that it is the Age of 16 that is the Age of Sexual Consent and therefore I give it to the negative side.
01:43.8
Mainly because Republic Act 11648 is more in point and it's directly related to what we are saying.
01:56.7
But sex with a minor is an offense.
02:00.5
At eto naman si Justice Ampuan. Wala nga bang batas, Justice Ampuan?
02:05.0
Now, the provision of 11648 is very clear.
02:16.6
That if the partner is not more than 3 years old than the 16-year-old and below,
02:26.7
which means 13 years above or not 13 years under,
02:34.1
can give consent.
02:36.7
Provided that the age of the partner must not be more than 3 years that her age.
02:45.2
Because that's not the clear provision of the law itself.
02:52.4
And so with that,
03:00.7
in favor of the negative.
03:02.7
Because it is very clearly provided under such a law that a 16-year-old can give already consent in sexual activity.
03:16.7
Provided that the partner must not be 3 years older than she is.
03:22.7
Thank you very much.
03:24.7
A.C. Justice Harris.
03:25.7
Thank you very much.
03:27.7
we will ask the question,
03:28.7
Good day to you, Justice.
03:30.7
Is there really no law that states that the age of sexual consent is 16?
03:36.7
The only question now is,
03:38.7
what is the age of sexual consent?
03:41.7
And if presented to me as a judge,
03:44.7
I'll have to resolve,
03:46.7
what is the age of sexual consent?
03:49.7
We have to go to the law.
03:51.7
And the law that we have been arguing on,
03:54.7
is Republic Act 116481.
04:00.7
Although it is not explicitly and categorically stated there that the age of sexual consent is 16,
04:10.7
the official statement of the Senate will bind me as a judge.
04:17.7
There being no other sources to draw an answer from.
04:21.7
That the age of consent is really 16.
04:23.7
We cannot do away with that official statement of the institution that crafted and passed the law.
04:34.7
That the age of consent is 16.