'
Decision
- 26 -
G.R. No. 227363
"any adult, syndicate or group" compels a child to indulge in sexual
intercourse. On the other hand, the use of "money, profit or any other
consideration" is the other mode by which a child indulges in sexual
intercourse, without the participation of "any adult, syndicate or group." In
other words, "coercion or influence" of a child to indulge in sexual
intercourse is clearly exerted NOT by the offender whose liability is based
on Section 5(b)67 of R.A. No. 7610 for committing sexual act with a child
exploited in prostitution or other sexual abuse. Rather, the "coercion or
influence" is exerted upon the child by "any adult, syndicate, or group"
whose liability is found under Section 5(a)68 for engaging in, promoting,
facilitating or inducing child prostitution, whereby the sexual intercourse is
the necessary consequence of the prostitution.
For a clearer view, a comparison of the elements of rape under the
RPC and sexual intercourse with a child under Section 5(b) of R.A. No.
7610 where the offended party is between 12 years old and below 18, is in
order.
Rape under Article 266-A(l)(a,b,c) Section 5(1) of R.A. No.
under the RPC
7610
1. Offender is a man;
1. Offender is a man;
2. Carnal knowledge of a woman;
2. Indulges m sexual
intercourse with a female
child
exploited
m
prostitution or other sexual
abuse, who is 12 years old
or below 18 or above 18
under
special
circumstances;
3. Through force, threat or intimidation; 3. Coercion or influence of
when the offended party is deprived of any adult, syndicate or
reason or otherwise unconscious; and by group is employed against
means of fraudulent machination or grave the child to become a
prostitute
. abuse of authority
lascivious conduct when the victim is under twelve (12) years of age shall be reclusion
temporal in its medium period; x xx. (Emphasis supplied)
67
Id.
68
Section 5. Child Prostitution and Other Sexual Abuse. - xx x.
(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are
not limited to, the following:
(I) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral
advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threateriing or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent /~
to engage such child in prostitution.
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