Decision
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G.R. No. 227363
exploited in prostitution and other sexual abuse"; and (2) Section 3, Article
I, which states that "child abuse" refers to the maltreatment, whether
habitual or not, of the child, which includes, sexual abuse.
To clarify, once and for all, the meaning of the element of "exploited
in prostitution" under Section 5(b), Article III of R.A. No. 7610, 87 We rule
that it contemplates 4 scenarios, namely: (a) a child, whether male or female,
who for money, profit or any other consideration, indulges in lascivious
conduct; (b) a child, whether male or female, who due to the coercion or
influence of any adult, syndicate or group, indulges in lascivious conduct;
(c) a female child, who for money, profit or any other consideration,
indulges in sexual intercourse; and (d) a female, due to the coercion or
influence of any adult, syndicate or group, indulges in sexual intercourse.
Note, however, that the element of "exploited in prostitution" does not
cover a male child, who for money, profit or any other consideration, or due
to coercion or influence of any adult, syndicate, or group, indulges in sexual
intercourse. This is because at the time R.A. No. 7610 was enacted in 1992,
the prevailing law on rape was Article 335 of the RPC where rape can only
be committed by having carnal knowledge of a woman under specified
circumstances. Even under R.A. No. 8353 which took effect in 1997, the
concept of rape remains the same - it is committed by a man who shall
have carnal knowledge of a woman under specified circumstances. As can
be gathered from the Senate deliberation on Section 5(b ), Article III of R.A.
No. 7610, it is only when the victim or the child who was abused is a male
that the offender would be prosecuted thereunder because the crime of rape
does not cover child abuse of males. 88
The term "other sexual abuse," on the other hand, should be construed
in relation to the definitions of "child abuse" under Section 3, 89 Article I of
R.A. No. 7610 and "sexual abuse" under Section 2(g) 90 of the Rules and
Regulations on the Reporting and Investigation of Child Abuse Cases. 91 In
87
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 of lascivious conduct with a child exploited in
prostitution or subje~t to other sexual abuse; Provided, That when the victims 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 for 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;
88
Record of the Senate Vol. IV, No. 116, May 9, 1991, pp. 333-334.
89
Supra note 85.
90
Supra note 42.
91
Issued in October 1993.
(JI
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