Decision - 46 - G.R. No. 227363 address the noted incongruent penalties for acts of lasciviousness committed against a child. 107 To support his theory that the provisions of R.A. No. 7610 are intended only for those under the unique circumstances of the children being "exploited in prostitution or subjected to other sexual abuse," Justice Caguioa quoted pertinent portions of the Senate deliberation on the provision on '~attempt to commit child prostitution," which concededly do not affect Article 336 of the RPC on acts of lasciviousness. Senator Lina provided with a background, not of the provision of Section 5(b ), but of Section 6 of R.A. No. 7610 on attempt to commit child prostitution, thus: Senator Lina. xxx Mr. President, Article 336 of Act No. 3815 will remain unaffected by this amendment we are introducing here. As a backgrounder, the difficulty in the prosecution of so-called "pedophiles" can be traced to this problem of having to catch the malefactor committing the sexual act on the victim. And those in the law enforcement agencies and in the prosecution service of the Government have found it difficult to prosecute. Because if an old person, especially foreigner, is seen with a child with whom he has no relation-blood or otherwise - and they are just seen in a room and there is no way to enter the room and to see them in jlagrante delicto, then it will be very difficult for the prosecution to charge or to hale to court these pedophiles. So we are introducing into this bill, Mr. President, an act that is already considered an attempt to commit child prostitution. This, in no way, affects the Revised Penal Code provisions on acts of lasciviousness or qualified seduction. 108 Justice Caguioa's reliance on the foregoing statements of Senator Lina is misplaced. While Senator Lina was referring to the specific provision on attempt to commit child prostitution under Section 6, Article III of R.A. No. 7610, Senator Aquilino Pimentel Jr.'s questions were directed more on the general effect of Senate Bill No. 1209 on the existing provisions of the RPC on child sexual abuse, which elicited from Senator Lina the intent to provide higher penalties for such crimes, to wit: Senator Pimentel. I understand the Gentleman's opinion on that particular point. But my question really is much broader. I am sorry that it would seem as if I am trying to be very meticulous about this. Senator Lina. It is all right. Senator Pimentel. But the point is, there are existing laws that cover the sexual abuse of children already, particularly female children. What I am trying to say is, what effect will the distinguished 107 108 Citations omitted. Record of the Senate, Vol. IV, No. 116, May 9, 1991, pp. 334-335. ;:J/

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