Decision
- 46 -
G.R. No. 227363
address the noted incongruent penalties for acts of lasciviousness
committed against a child. 107
To support his theory that the provisions of R.A. No. 7610 are
intended only for those under the unique circumstances of the children being
"exploited in prostitution or subjected to other sexual abuse," Justice
Caguioa quoted pertinent portions of the Senate deliberation on the
provision on '~attempt to commit child prostitution," which concededly do
not affect Article 336 of the RPC on acts of lasciviousness. Senator Lina
provided with a background, not of the provision of Section 5(b ), but of
Section 6 of R.A. No. 7610 on attempt to commit child prostitution, thus:
Senator Lina. xxx Mr. President, Article 336 of Act No. 3815
will remain unaffected by this amendment we are introducing here. As a
backgrounder, the difficulty in the prosecution of so-called "pedophiles"
can be traced to this problem of having to catch the malefactor
committing the sexual act on the victim. And those in the law
enforcement agencies and in the prosecution service of the Government
have found it difficult to prosecute. Because if an old person, especially
foreigner, is seen with a child with whom he has no relation-blood or
otherwise - and they are just seen in a room and there is no way to enter
the room and to see them in jlagrante delicto, then it will be very difficult
for the prosecution to charge or to hale to court these pedophiles.
So we are introducing into this bill, Mr. President, an act that is
already considered an attempt to commit child prostitution. This, in no
way, affects the Revised Penal Code provisions on acts of lasciviousness
or qualified seduction. 108
Justice Caguioa's reliance on the foregoing statements of Senator Lina
is misplaced. While Senator Lina was referring to the specific provision on
attempt to commit child prostitution under Section 6, Article III of R.A. No.
7610, Senator Aquilino Pimentel Jr.'s questions were directed more on the
general effect of Senate Bill No. 1209 on the existing provisions of the RPC
on child sexual abuse, which elicited from Senator Lina the intent to provide
higher penalties for such crimes, to wit:
Senator Pimentel. I understand the Gentleman's opinion on that
particular point. But my question really is much broader. I am sorry that it
would seem as if I am trying to be very meticulous about this.
Senator Lina. It is all right.
Senator Pimentel. But the point is, there are existing laws that
cover the sexual abuse of children already, particularly female
children. What I am trying to say is, what effect will the distinguished
107
108
Citations omitted.
Record of the Senate, Vol. IV, No. 116, May 9, 1991, pp. 334-335.
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