Decision
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G.R. No. 227363
We would have agreed with Justice Caguioa if not for Section 5 itself
which provides who are considered as "children exploited in prostitution and
other sexual abuse." Section 5 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 children exploited in
prostitution and other sexual abuse." Contrary to the view of Justice
Caguioa, Section 5(b), Article III of R.A. No. 7610 is not as clear as it
appears to be; thus, We painstakingly sifted through the records of the
Congressional deliberations to discover the legislative intent behind such
prov1s1on.
Justice Caguioa then asks: (1) if the legislature intended for Section
5(b), R.A. No. 7610 to cover any and all types of sexual abuse committed
against children, then why would it bother adding language to the effect that
the provision applies to "children exploited in prostitution or subjected to
other sexual abuse?" and (2) why would it also put Section 5 under Article
III of the law, which is entitled "Child Prostitution and Other Sexual
Abuse?"
We go back to the record of the Senate deliberation to explain the
history behind the phrase "child exploited in prostitution or subject to other
sexual abuse."
Section 5 originally covers Child Prostitution only, and this can still
be gleaned from Section 6 on Attempt To Commit Child Prostitution, despite
the fact that both Sections fall under Article III on Child Prostitution and
Other Sexual Abuse. Thus:
Section 6. Attempt To Commit Child Prostitution. - There is an attempt
to commit child prostitution under Section 5, paragraph (a) hereof when
any person who, not being a relative of a child, is found alone with the
said child inside the room or cubicle of a house, an inn, hotel, motel,
pension house, apartelle or other similar establishments, vessel, vehicle or
any other hidden or secluded area under circumstances which would lead a
reasonable person to believe that the child is about to be exploited in
prostitution and other sexual abuse.
There is also an attempt to commit -child prostitution, under
paragraph (b) of Section 5 hereof when any person is receiving services
from a child in a sauna parlor or bath, massage clinic, health club and
other similar est_ablishments. A penalty lower by two (2) degrees than that
prescribed for the consummated felony under Section .5 hereof shall be
imposed upon the principals of the attempt to commit the crime of child
prostitution under this Act, or, in the proper case, under the Revised Penal
Code.
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