Meanwhile, the second sentence of Article III, Section 21 speaks of "the same act," which means that this act, punished by a law and an ordinance, may no longer be prosecuted under either if a conviction or acquittal already resulted from a previous prosecution involving the very same act. For there to be double jeopardy, "a first jeopardy [must] ha[ve] attached prior to the second; . . . the first jeopardy has been validly terminated; and ... a second jeopardy is for the same offense as that in the first." [77] A first jeopardy has attached if: first, there was a "valid indictment";[78] second, this indictment was made "before a competent court";[79] third, "after [the accused's] arraignment";[80] fourth, "when a valid plea has been entered";[81] and lastly, "when the accused was acquitted or convicted, or the case was dismissed or otherwise terminated without his express consent."[82] Lack of express consent is required because the accused's consent to dismiss the case means that he or she actively prevented the court from proceeding to trial based on merits and rendering a judgment of conviction or acquittal.[83] In other words, there would be a waiver of the right against double jeopardy if consent was given by the accused.[84] To determine the essential elements of both crimes for the purpose of ascertaining whether or not there is double jeopardy in this case, below is a comparison of Article 266-A of the Revised Penal Code punishing rape and Section 5(b) of Republic Act No. 7610 punishing sexual abuse: Rape under Article 266-A(1) of the Revised Penal Code Article 266-A. Rape; When and How Committed. — Rape is committed — 1) By a man who shall have carnal knowledge of a woman under any of the following circumstances: a) Through force, threat, or intimidation; b) When the offended party is deprived of reason or otherwise unconscious; c) By means of fraudulent machination or grave abuse of authority[.] Sexual abuse under Section 5(b) of Republic Act No. 7610 SECTION 5. Child Prostitution and Other Sexual Abuse. — Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge m sexual intercourse or lascivious conduct, are deemed to be children exploited m prostitution and other sexual abuse. The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: .... (b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse; Provided, That when the victim is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period[.] (Underscoring provided) The provisions show that rape and sexual abuse are two (2) separate crimes with distinct elements. The "force, threat, or intimidation" or deprivation of reason or unconsciousness required in Article 266-A(1) of the Revised Penal Code is not the same as the "coercion or influence" required in Section 5(b) of Republic Act No. 7610. Consent is immaterial in the crime of sexual abuse because "the [mere] act of [having] sexual intercourse . . . with a child