Freddie Aguilar slapped with qualified seduction raps
Utter nonsense.
1. Qualified seduction requires, among others, the element of abuse of authority, of confidence or of relationship. It's unlikely that the prosecution can prove this element.
Abuse of authority refers to an offender who is a person in public authority, guardian, teacher, or any person who, in any capacity, is entrusted with the education or custody of the woman seduced.
Abuse of confidence refers to an offender who is a priest, house servant, or domestic (a "domestic" is one who lives in the same house as the victim).
Abuse of relationship refers to an offender who is a brother or ascendant of the victim.
Abuse of authority and of relationship are inapplicable here. But even under the element of abuse of confidence: (a) the "confidence" must be similar to that reposed on someone living in the same house, or on a priest; and (b) "abuse" must imply deceit or fraud.
Freddie, the girlfriend and the latter's parents claim that they are in love. In that case, deceit and fraud are absent; therefore, abuse of confidence is also absent.
2. Qualified seduction is classified under the Revised Penal Code as a "crime against chastity," which is a private crime. This means that the complaint can only be filed by the girlfriend or her parents, grandparents, or guardian. (Note: Rape, which used to be a private crime, was reclassified as a public crime by the 1997 Anti-Rape Law.)
In this case, the complainant is not the girlfriend, her parents, grandparents, or guardian; it's just some lawyer seeking free publicity. Therefore, the complaint is defective and should be dismissed on that ground.
