The saga of Freddie Aguilar's love story

It has been three weeks since the controversial relationship between the 60 year old singer/songwriter  music-icon  Freddie Aguilar and his 16 year old girlfriend went viral; this was generally, slammed by the netizens.

Is this a moral issue? Absolutely, yes. The girl is a 16 year old minor. As a father to two young daughters, I only have to imagine how I will  feel if I find out that Freddie Aguilar is having a relationship with my 16 year old daughter. I will definitely go ballistic and  shoot invectives; do everything I can,  to safeguard my  juvenile daughter.

But did I  join the bandwagon of bashing Freddie Aguilar in the net world? No, I did not and I will not.

First, this is not a new issue. We've seen  and probably have known someone in our neighborhood who is or was  in the same boat as Freddie Aguilar is now. We know the possible  reason/s why a 16 year old girl will 'fall' for a 60 year old man or vice versa--but  who am I to judge others when it comes to their affairs of the heart. As the popular sayings go, "age doesn't matter" and "love conquers all." They say they are in love and have the girl's parents blessing, so, let them be.

Second, in this case, I'm not   morally inclined  to aid the female minor nor condemn Freddie Aguilar because I am not the father nor a relative of the girl. I do not know them nor the actual circumstances of their relationship. It is the girl's parents who are morally responsible and obligated to look after the welfare of their  daughter. In addition, they may  have a different concept of morality as compared  to me and to the society.

Third,  I do  understand the concerned citizens who voiced out their indignation regarding this  affair  because they truly believe this  is a social issue. It's not just about this  affair they are up against but also the potential victims of  child abuse.  However, I don't see any abuse/s  being committed by Freddie Aguilar. It doesn't mean because the girl is a minor and their age difference  is 44 years,  makes it automatically  a case of 'abuse.' For all I know, the girl maybe precocious. It's even possible  that it is actually Freddie Aguilar that is being used...

But what is more important  is the legality or the legal issues involved. It's a diferent story if a relationship like this violate our laws and is therefore, ILLEGAL.

 Apparently, Freddie Aguilar  has been sued  for qualified seduction by a lawyer who claims to have been scandalized by his behavior or 'misbehavior.'

DSWD (Department of Social Welfare And Development) is currently investigating this case for possible violation of the law against child abuse. I read Freddie Aguilar is  liable under Article VI Section 10(b) of R.A. 7610

 If there's anything I can gain from this is,  at  least I've become aware of  certain legal issues and terms such as:  a minor, age of consent,  statutory rape, qualified seduction and child abuse.

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For a better undestanding of this issue, I took  down these notes:

What is a minor (in the Philippines)?

Persons below eighteen years of age. 

Age of Consent

The age at which a person is considered legally competent to consent to sexual intercourse or the age at which a person can enter into a legally binding contract (the free dictionary)

Age of consent in the Philippines is 18.

Marrying age in the Philippines according to the Family Code is eighteen years (age of consent) or upwards.

"The age of consent, a term which rarely actually appears in legal statutes,^[1]is the minimum age of a person with whom another person is permitted to engage in certain sexual activities, though it sometimes is defined as the age at which a person is considered to be legally competent to consent to sexual acts." ( from Wikipedia)


Here in the Philippines the age of sexual consent is 12 .


The age of sexual consent is 12 , but sex with a minor (under 18) is  a crime, if the minor consents to the act for money, gain or any other remuneration or as the result of an influence of any adult person.

What is a Statutory Rape? 

"A statutory rape is commited by a man who shall have carnal knowledge(sexual intercourse) with a woman who is younger than the statutory age of consent. In the Philippines, under twelve years old is consedered below the age required to legally consent to the behavior as provided by Article 266-A of the Revised Penal Code( as ammended by R.A.No. 8353)". (from lawreal.blogspot.com)

In short, any form of sex   with  a girl  under 12 years old ( even with consent or without the use force, threat, intimidation or grave abuse of authority or any other circumstances) is automatically a crime of rape.

Simple Seduction

Art. 338. Simple seduction. — The seduction of a woman who is single or a widow of good reputation, over twelve but under eighteen years of age, committed by means of  deceit, shall be punished by arresto mayor.

  What is a Qualified Seduction?

Revised Penal Code Article 337 - The seduction of a virgin over twelve years and under eighteen years of age, committed by any person in public authority, priest, home-servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced, shall be punished by prision correccional in its minimum and medium periods.

The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or descendant, whether or not she be a virgin or over eighteen years of age.

Under the provisions of this Chapter, seduction is committed when the offender has carnal knowledge of any of the persons and under the circumstances described herein.


"MANILA, Philippines - A lawyer reportedly filed a qualified seduction complaint against famed folk singer Freddie Aguilar for having a 16-year-old girlfriend, a relationship that has courted controversy the past weeks.

The case was filed before the Quezon City Prosecutor's Office on Thursday over Aguilar's purported violation of Article 337 of the Revised Penal Code. Aguilar is 60 years old.

According to the code, the elements of qualified seduction are the following:

1. The offended party is a virgin;

2. She must be over 12 and under 18 years of age;

3. The offender has sexual intercourse with her;

4. The offender is a person in public authority, priest, house servant, domestic, guardian, teacher, and one entrusted with the education or custody of the offended party, or a brother or ascendant of the latter."-- Philippine Star

The lawyer who filed the case said, Freddie Aguilar,  "is a person in public authority" by virtue of him being popular or an influencial person.

Two things that must be proven in this case: they have sexual intercourse and the girl was a virgin the first time they had sexual intercouse. From the looks of it, I think this case is headed for the garbage bin.  



Child Abuse under Republic Act 7610 Article VI  Section10(b) 

  Republic Act No. 7610             

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES

ARTICLE VI
Other Acts of Abuse

Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's Development. –

(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.



Even if I am not a lawyer, it is clear from the provisions above  that the relationship of Freddie Aguilar and his 16 year old girlfriend is illegal. Unless, it can be proven that the whole time they're together, they are in the company of relatives or friends; this is of course highly unlikely. It is good that our lawmakers made such provisions to protect a minor's interest. 

Child abuse may still be filed againts Freddie Aguilar whether or not he is having  a sexual relationship with the 16 year old minor under Section 10 of the R.A. 7610.

From what I've read in the news( Rappler.com), according to a staff of  DSWD,  "there have already similar cases such as this" and, "either the adult was charged in court or both parties agreed to part ways until the child matures."