... ' - 16 - Decision G.R. No. 227363 in relation to Article 266-B of the RPC, as amended by R.A. No. 8353,32 which in tum amended Article 335 33 of the RPC. Thus: 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 in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse. The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: xx xx (b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subject 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 [sic] 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; x x x. 34 In Quimvel v. People, 35 it was opined 36 that the two provisos under Section 5(b) of R.A. No. 7610 will apply only if the victim is under 12 years of age, but not to those 12 years old and below 18, for the following reason: "while the first clause of Section 5(b ), Article III of R.A. 7610 is silent with respect to the age of the victim, Section 3, Article I thereof defines "children" as those below eighteen ( 18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability. Notably, two provisos succeeding the first clause of Section 5(b) explicitly state a qualification that when the victim of lascivious conduct is under 12 years of age, the perpetrator shall be ( 1) prosecuted under Article 336 of the RPC, and (2) the penalty shall be reclusion temporal in its medium period. It is a basic rule in statutory c) By means of fraudulent machination or grave abuse of authority; and d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. 32 Article 266-B. Penalties. - Rape under paragraph I of the next preceding article shall be punished by reclusion perpetua. x x x. 33 Art. 335. When and how rape is committed. - Rape is committed by having carnal knowledge of a woman under any of the following circumstances: 1. By using force or intimidation; 2. When the woman is deprived of reason or otherwise unconscious; and 3. When the woman is under twelve years of age, even though neither of the circumstances mentioned in the two next preceding paragraphs shall be present. The crime of rape shall be punished by reclusion perpetua. 34 Underscoring added. 35 G.R. No. 214497, April 18, 2017, 823 SCRA 192. '.l6 Id. See Separate Concurring Opinion and Majority Opinion. V1