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Decision
G.R. No. 227363
exploitation and discrimination, and other conditions prejudicial to
their development; provide sanctions for their commission and carry out
a program for prevention and deterrence of and crisis intervention in
situations of child abuse, exploitation and discrimination. The State shall
intervene, on behalf of the child when the parent, guardian, teacher or
person having care or custody of the child fails or is unable to protect the
child against abuse, exploitation and discrimination or when such acts
against the child are committed by the said parent, guardian, teacher or
person having care and custody of the same.
It shall be the policy of the State to protect and rehabilitate children
gravely threatened or endangered by circumstances which affect or will
affect their survival and normal development and over which they have no
control.
The best interests of children shall be the paramount consideration
in all actions concerning them, whether undertaken by public or private
social welfare institutions, courts of law, administrative authorities, and
legislative bodies, consistent with the principle of First Call for Children
as enunciated in the United Nations Convention on the Rights of the
Child. Every effort shall be exerted to promote the welfare of children and
enhance their opportunities for a useful and happy life. [Emphasis added]
[Article XV 1987 Constitution] Section 3. The State shall defend:
xx xx
(2) The right of children to assistance, including proper care
and nutrition, and special protection from all forms of
neglect, abuse, cruelty, exploitation, and other conditions
prejudicial to their development. 82
Clearly, the objective of the law, more so the Constitution, is to
provide a special type of protection for children from all types of abuse.
Hence, it can be rightly inferred that the title used in Article III, Section 5,
"Child Prostitution and Other Sexual Abuse" does not mean that it is only
applicable to children used as prostitutes as the main offense and the other
sexual abuses as additional offenses, the absence of the former rendering
inapplicable the imposition of the penalty provided under R.A. No. 7610 on
the other sexual abuses committed by the offenders on the children
concerned.
Justice Caguioa asserts that Section 5(b), Article III of R.A. No. 7610
is clear - it only punishes those who commit the act of sexual intercourse or
lascivious conduct with a child exploited in prostitution or subjected to other
sexual abuse. There is no ambiguity to speak of that which requires statutory
construction to ascertain the legislature's intent in enacting the law.
of
82
Emphasis supplied.
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