. Decision - 20 - G.R. No. 227363 criminal cases involving violation of Section 5, Article III of R.A. No. 7610 when the offended party is 12 years old or below 18, or above 18 under special circumstances. Such consent may be implied from the failure to prove that the said victim engaged in sexual intercourse either "due to money, profit or any other consideration or due to the coercion or influence of any adult, syndicate or group." It bears emphasis that violation of the first clause of Section 5(b ), Article III of R.A. N 0. 7610 on sexual intercourse with a child exploited in prostitution or subject to other sexual abuse, is separate and distinct from statutory rape under paragraph 1(d), Article 266-A of the RPC. Aside from being dissimilar in the sense that the former is an offense under special law, while the latter is a felony under the RPC, they also have different elements. 49 Nevertheless, sexual intercourse with a victim who is under 12 years of age or is demented is always statutory rape, as Section 5(b) of R.A. No. 7610 expressly states that the perpetrator will be prosecuted under Article 335, paragraph 3 of the RPC [now paragraph l(d), Article 266-A of the RPC as amended by R.A. No. 8353]. Even if the girl who is below twelve ( 12) years old or is demented consents to the sexual intercourse, it is always a crime of statutory rape under the RPC, and the offender should no longer be held liable under R.A. No. 7610. For example, a nine (9)-year-old girl was sold by a pimp to a customer, the crime committed by the latter if he commits sexual intercourse with the girl is still statutory rape, because even if the girl consented or is demented, the law presumes that she is incapable of giving a rational consent. The same reason holds true with respect to acts of lasciviousness or lascivious conduct when the offended party is less than 12 years old or is demented. Even if such party consents to the lascivious conduct, the crime is always statutory acts of lasciviousness. The offender will be prosecuted under Article 336 50 of the RPC, but the penalty is provided for under Section 5(b) of R.A. No. 7610. Therefore, there is no conflict between rape and acts of lasciviousness under the RPC, and sexual intercourse and lascivious conduct under R.A. No. 7610. Meanwhile, if sexual intercourse is committed with a child under 12 years of age, who is deemed to be "exploited in prostitution and other sexual abuse," then those -who engage in or promote, facilitate or induce child 9 The elements of violation of the first clause of Section 5(b) of R.A. No. 7610 are: (I) the accused commits the act of sexual intercourse or lascivious conduct; (2) the act is performed with a child exploited in prostitution or other sexual abuse; and (3) the child, whether male or female, is 12 years old or below 18. On the other hand, the elements of statutory rape under paragraph I ( d), Article 266-A of the RPC are: (I) the offender is a man; (2) the offender shall have carnal knowledge of a woman; and (3) the offended party is under 12 years of age or is demented. 50 Art. 336. Acts of Lasciviousness. - Any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the preceding article, shall b : . L pun;,h,d by ,,,;,;on comcdonal. -1 ?/ r