. Decision - 22 - G.R. No. 227363 If the victim who is 12 years old or less than 18 and is deemed to be a child "exploited in prostitution and other sexual abuse" because she agreed to indulge in sexual intercourse "for money, profit or any other consideration or due to coercion or influence of any adult, syndicate or group," then the crime could not be rape under the RPC, because this no longer falls under the concept of statutory rape, and there was consent. That is why the offender will now be penalized under Section 5(b ), R.A. No. 7610, and not under Article 335 54 of the RPC [now Article 266-A]. But if the said victim does not give her consent to sexual intercourse in the sense that the sexual intercourse was committed through force, threat or intimidation, the crime is rape under paragraph 1, Article 266-A of the RPC. However, if the same victim gave her consent to the sexual intercourse, and no money, profit, consideration, coercion or influence is involved, then there is no crime committed, except in those cases where "force, threat or intimidation" as an element of rape is substituted by "moral ascendancy or moral authority," 55 like in the cases of incestuous rape, and unless it is punished under the RPC as qualified seduction under Article 337 56 or simple seduction under Article 338. 57 Rulings in Tubillo, Abay and Pangilinan clarified At this point, it is not amiss to state that the rulings in People v. Tubillo, 58 People v. Abay59 and People v. Pangilinan 60 should be clarified, because there is no need to examine whether the focus of the prosecution's 54 Art. 335. When and how rape is committed.~ Rape is committed by having carnal knowledge of a woman under any of the following circumstances: 1. By using force or intimidation; 2. When the woman is deprived ofreason or otherwise unconscious; and 3. When the whom is under twelve years of age, even though neither of the circumstances mentioned in the two next preceding paragraphs shall be present. The crime of rape shall be punished by reclusion perpetua. xxx 55 People v. Bentayo, G.R. No. 216938, June 5, 2017, 825 SCRA 620, 626; People v. Mayola, 802 Phil. 756, 762 (2016). 56 Art. 337. Qualified seduction. ~The seduction of a virgin over twelve years and under eighteen years of age, committed by any person in public authority, priest, house-servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced, shall be punished by prision correccional in its minimum and medium periods. The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or descendant, whether or not she be a virgin or over eighteen years of age. Under the provisions of this Chapter, seduction is committed when the offender has carnal knowledge of any of the persons and under the circumstances described herein. 57 Article 338. Simple seduction. - The seduction of a woman who is single or a widow of good reputation, over twelve but under eighteen years of age, committed by means of deceit, shall be punished by arresto mayor. 58 People v. Tubillo, G.R. No. 220718, June 21, 2017, 828 SCRA 96; penned by Associate Justice Jose Catral Mendoza. 59 /ii 599 Phil. 390 (2009); penned by Associate Justice Renato C. Corona. 60 676 Phil. 16 (2011 ); penned by Associate Justice Diosdado M. Peralta. c_/"