Decision
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G.R. No. 227363
is inconsequential that the sexual abuse occurred only once because, as
expressly provided in Section 3(b) of R.A. 7610, the abuse may be habitual
or not. We also observed that Article III of R.A. 7610 is captioned as "Child
Prostitution and Other Sexual Abuse" because Congress really intended to
cover a situation where the minor may have been coerced or intimidated into
lascivious conduct, not necessarily for money or profit, hence, the law
covers not only child prostitution but also other forms of sexual abuse.
In Garingarao v. People, 123 We ruled that a child is deemed subject to
other sexual abuse when the child is the victim of lascivious conduct under
the coercion or influence of any adult. In lascivious conduct under the
coercion or influence of any adult, there must be some form of compulsion
equivalent to intimidation which subdues the free exercise of the offended
party's free will. We further ruled that it is inconsequential that sexual abuse
under R.A. No. 7610 occurred only once. Section 3(b) of R.A. No. 7610
provides that the abuse may be habitual or not. Hence, the fact that the
offense occurred only once is enough to hold an accused liable for acts of
lasciviousness under R.A. No. 7610.
In Quimvel, 124 We stressed that Section 5(a) of R.A. No. 7610
punishes acts pertaining to or connected with child prostitution wherein the
child is abused primarily for profit. On the other hand, paragraph (b)
punishes sexual intercourse or lascivious conduct committed on a child
subjected to other sexual abuse. It covers not only a situation where a child
is abused for profit but also one in which a child, through coercion,
intimidation or influence, engages in sexual intercourse or lascivious
conduct. Hence, the law punishes not only child prostitution but also other
forms of sexual abuse against children. This is even made clearer by the
deliberations of the Senate, as cited in the landmark ruling of People v.
Larin . . We also added that the very definition of "child abuse" under Section
3(b) of R.A. No. 7610 does not require that the victim suffer a separate and
distinct act of sexual abuse aside from the act complained of, for it refers to
the maltreatment whether habitual or not, of the child. Thus, a violation of
Section S(b) of R.A. No. 7610 occurs even though the accused committed
sexual abuse against the child victim only once, even without a prior sexual
offense.
In Caoili, 125 We reiterated that R.A. No. 7610 finds application when
the victims of abuse, exploitation or discrimination are children or those
"persons below 18 years of age or those over but are unable to fully take
care of themselves or protect themselves from abuse, neglect, cruelty,
exploitation ot discrimination because of a physical or mental disability or
123
124
125
669 Phil. 512 (201 I).
Supra note 35.
Supra note 27, at 144.
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