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Decision
G.R. No. 227363
protection against child abuse, We see no reason why the penalty for acts of
lasciviousness committed against children should remain to be prision
correccional when Section 5(b), Article III of R.A. No. 7610 penalizes those
who commit lascivious conduct with a child exploited in prostitution or
subject to other sexual abuse with a penalty of reclusion temporal in its
medium period when the victim is under 12 years of age.
Contrary to the view of Justice Caguioa, there is, likewise, no such
thing as a recurrent practice of relating the crime committed to R.A. No.
7610 in order to increase the penalty, which violates the accused's
constitutionally protected right to due process of law. In the interpretation of
penal statutes, the rule is to subject it to carefol scrutiny and to construe it
with such strictness as to safeguard the rights of the accused, 100 and at the
same time preserve the obvious intention of the legislature. 101 A strict
construction of penal statutes should also not be permitted to defeat the
intent, policy and purpose of the legislature, or the object of the law sought
to be attained. 102 When confronted with apparently conflicting statutes, the
courts should endeavor to harmonize and reconcile them, instead of
declaring the outright invalidity of one against the other, because they are
equally the handiwork of the same legislature. 103 In this case, We are trying
to harmonize the applicability of the provisions of R.A. No. 7610 vis-a-vis
those of the RPC, as amended by R.A. No. 8353, in order to carry out the
legislative intent to provide stronger deterrence and special protection
against all forms of child abuse, exploitation and discrimination.
Pertinent parts of the deliberation in Senate Bill No. 1209
underscoring the legislative intent to increase the penalties as a deterrent
against all forms of child abuse, including those covered by the RPC and the
Child and Youth Welfare Code, as well as to give special protection to all
children, read:
Senator Lina. x x x
For the information and guidance of our Colleagues, the phrase
"child abuse" here is more descriptive than a definition that specifies the
particulars of the acts of child abuse. As can be gleaned from the bill, Mr.
President, there is a reference in Section 10 to the "Other Acts of Neglect,
Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the
Child's Development."
We refer, for example, to the Revised Penal Code. There are
already acts described and punished under the Revised Penal Code and the
100
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102
103
Centeno v. Judge Villalon-Pornillos, 306 Phil. 219, 230 ( 1994).
U.S. v. Go Chico, 14 Phil. 128, 140 (1909)
People v. Manantan, 115 Phil. 657, 665 (1962)
Akhayan-Youth v. Comelec, 407 Phil. 618, 639 (200 I).
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