Decision - 33 - 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. /ff V ~

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