.
Decision
- 34 -
G.R. No. 227363
Even Senator Lina, in his explanation of his vote, stated that Senate
Bill 1209 also imposes the penalty of reclusion temporal in its medium
period to reclusion perpetua for those who commit the act of sexual
intercourse or lascivious conduct with a child exploited in prostitution. 83
Senator Lina mentioned nothing about the phrases "subject to other sexual
abuse" or "Other Sexual Abuse" under Section 5(b ), Article III of R.A. No.
7610.
However, to cover a situation where the minor may have been coerced
or intimidated into lascivious conduct, not necessarily for money or profit,
Senator Eduardo Angara proposed the insertion of the phrase "WHO FOR
MONEY, PROFIT, OR ANY OTHER CONSIDERATION OR DUE TO
THE COERCION OR INFLUENCE OF ANY ADULT, SYNDICATE OR
GROUP, INDULGE" in sexual intercourse or lascivious conduct, under
Section 5(b), Article III ofR.A. No. 7610. 84
Further amendment of then Article III of R.A. No. 7610 on Child
Prostitution was also proposed by then President Pro Tempore Sotero
Laurel, to which Senator Angara agreed, in order to cover the "expanded
scope" of "child abuse." Thus, Article III was amended and entitled "Child
Prostitution and Other Sexual Abuse." 85 This is the proper context where the
element that a child be "exploited in prostitution and other sexual abuse" or
EPSOSA, came to be, and should be viewed.
We hold that it is under President Pro Tempore Laurel's amendment
on "expanded scope" of "child abuse" under Section 5(b) and the definition
of"child abuse" under Section 3, 86 Article I ofR.A. No. 7610 that should be
relied upon in construing the element of "exploited under prostitution and
other sexual abuse." In understanding the element of "exploited under
prostitution and other sexual abuse", We take into account two provisions of
R.A. No. 7610, namely: (1) Section 5, Article III, which states that
"[ c]hildren, whether male or female, who for money, profit, or any other
consideration or due to the coercion or influence of any adult, syndicate or
group, indulge in sexual intercourse or lascivious conduct, are deemed to be
81
84
85
86
Record of the Senate, Vol. II, No. 58, December 2, 1991, pp. 793-794.
Record ofthe Senate, Vol. I, No. 7, August I, 1991, p. 262.
Id.
Section 3. Definition of Terms. -
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes
any of the following:
( 1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth
and dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting in serious
impairment of his growth and development or in his permanent incapacity or death.
!ft
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