' Decision - 26 - G.R. No. 227363 "any adult, syndicate or group" compels a child to indulge in sexual intercourse. On the other hand, the use of "money, profit or any other consideration" is the other mode by which a child indulges in sexual intercourse, without the participation of "any adult, syndicate or group." In other words, "coercion or influence" of a child to indulge in sexual intercourse is clearly exerted NOT by the offender whose liability is based on Section 5(b)67 of R.A. No. 7610 for committing sexual act with a child exploited in prostitution or other sexual abuse. Rather, the "coercion or influence" is exerted upon the child by "any adult, syndicate, or group" whose liability is found under Section 5(a)68 for engaging in, promoting, facilitating or inducing child prostitution, whereby the sexual intercourse is the necessary consequence of the prostitution. For a clearer view, a comparison of the elements of rape under the RPC and sexual intercourse with a child under Section 5(b) of R.A. No. 7610 where the offended party is between 12 years old and below 18, is in order. Rape under Article 266-A(l)(a,b,c) Section 5(1) of R.A. No. under the RPC 7610 1. Offender is a man; 1. Offender is a man; 2. Carnal knowledge of a woman; 2. Indulges m sexual intercourse with a female child exploited m prostitution or other sexual abuse, who is 12 years old or below 18 or above 18 under special circumstances; 3. Through force, threat or intimidation; 3. Coercion or influence of when the offended party is deprived of any adult, syndicate or reason or otherwise unconscious; and by group is employed against means of fraudulent machination or grave the child to become a prostitute . abuse of authority lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; x xx. (Emphasis supplied) 67 Id. 68 Section 5. Child Prostitution and Other Sexual Abuse. - xx x. (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) Threateriing or using violence towards a child to engage him as a prostitute; or (5) Giving monetary consideration goods or other pecuniary benefit to a child with intent /~ to engage such child in prostitution. ;/ ' .

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