Decision G.R. No. 227363 - 21 - prostitution under Section 5(a)51 ofR.A. No. 7610 shall be liable as principal by force or inducement under Article 1752 o.f the RPC in the crime of statutory rape under Article 266-A(l) of the RPC; whereas those who derive profit or advantage therefrom under Section 5(c) 53 of R.A No. 7610 shall be liable as principal by indispensable cooperation under Article 17 of the RPC. Bearing in mind the policy of R.A. No. 7610 of providing for stronger deterrence and special protection against child abuse and exploitation, the following shall be the nomenclature of the said statutory crimes and the imposable penalties for principals by force or inducement or by indispensable cooperation: 1. Acts of Lasciviousness under Article 336 of the RPC, in relation to Section 5(a) or (c), as the case may be, of R.A. No. 7610, with the imposable penalty of reclusion temporal in its medium period to reclusion perpetua; 2. Rape under Article 266-A(l) of the RPC, in relation to Article 17 of the RPC and Section 5(a) or (c), as the case may be, of R.A. No. 7610 with the imposable penalty of reelusion perpetua, pursuant to Article 266-B of the RPC, except when the victim is below 7 years old, in which case the crime is considered as Qualified Rape, for which the death penalty shall be imposed; and 3. Sexual Assault under Article 266-A(2) of the RPC, in relation to Section 5(a) or (c), as the case may be, of R.A. No. 7610 with the imposable penalty of reclusion temporal in its medium period to reclusion perpetua. 51 Section 5. Child Prostitution and Other Sexual Abuse. - Children, whether male or female, who for money, profit, or any other consideration, or due to 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: · (a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following: (I) Acting as a procurer of a child prostitute; (2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means; (3) Taking advantage of influence or relationship to procure a child as prostitute; (4) Threatening or using violence towards a child to engage him as prostitute; or (5) Giving monetary consideration, goods or other pecuniary benefit to a child with intent to engage such child in prostitution. 52 Article 17. Principals. - The following are considered principals: I. Those who take a direct part in the execution of the act; 2. Those who directly force or induce others to commit it; 3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished. 53 ( c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the ~ license has been issued to said establishment. a

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