SEN. RONALD dela Rosa has ordered the detention of Jay Rence Quilario, also known as Senyor Aguila – the leader of the Socorro Bayanihan Services Inc . (SBSI).
Senyor Aguila reportedly lied under oath during a hearing conducted by a Senate committee that is investigating the activities of SBSI.
Also ordered detained were the other leaders of SBSI including Mamerto Galanida, a three-term mayor of the island town of Socorro, Surigao del Norte.
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SBSI allegedly recruits very young children through their parents to become “soldiers of God.” “God” in this case is Senyor Aguila who is claimed to be Sto. Niño or baby Jesus incarnate.
Dela Rosa said that “those who sought our help enumerated detailed accusations of forced labor, arranged child marriages and rape. There were accounts of abuses: sexual, physical and even psychological. Accusations of human trafficking, private armies and the operation of a shabu laboratory were also reported to my office.”
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A 15-year-old girl testified that she was forced by Senyor Aguila to marry an 18-year-old man who was a complete stranger to her.
Another witness, a member of SBSI’s private army, affirmed the testimony that several young girls had been forced to marry older men. Senyor Aguila allegedly told the men that they had untrammeled sexual access to the girls because of the marital ceremonies.
These marriages are purportedly celebrated depending on the whim of Senyor Aguila.
The practice, if true, clothes the rape of women with a thin mantle of legality.
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The age of majority for marriage is 18 years, with parental consent. Even if solemnized with a religious ceremony, or even granting that consent was given, these marital pairings would be illegal on account of the minority of at least one of the parties.
These practices are flouting Philippine law.
Moreover, may there be prosecutions for statutory rape?
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Republic Act No. 11648 was passed in March 2022 to provide stronger protection against rape and sexual exploitation.
This new law increased the age for determining statutory rape. Statutory rape is committed regardless of whether the victim consented to the sexual intercourse for as long as she is below the age of sexual consent. The age of sexual consent under the Philippine penal code used to be 13 and above.
Thus, under this new law, rape is committed when the offended party is under 16 years of age.
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However, no criminal liability attaches when the offended party is over 13 and under 16 years of age provided that the age difference between the parties is not more than three years. The sexual act must also be proven to be “consensual, non-abusive, and non-exploitative.”
The SBSI may have found an escape hatch for these forced marriages by using slim age differences as the legal justification.
However, it will be difficult to prop up the defense that these acts were non-abusive or non-exploitative.
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Under the law, “non-abusive” means the absence of undue influence, intimidation, physical or mental maltreatment, etc.
“Non-exploitative” means that there is no unfair taking advantage of the child’s position of vulnerability or trust during the conduct of sexual activities./PN
