Decision - 48 - G.R. No. 227363 Justice Caguioa is partly correct. Section 5(b) of R.A. No. 7610 is separate and distinct from common and ordinary acts of lasciviousness under Article 336 of the RPC. However, when the victim of such acts of lasciviousness is a child, as defined by law, We hold that the penalty is that provided for under Section 5(b) of R.A. No. 7610 .- i.e., reclusion temporal medium in case the victim is under 12 years old, and reclusion temporal medium to reclusion perpetua when the victim is between 12 years old or under 18 years old or above 18 under special circumstances .- and not merely prision correccional under Article 336 of the RPC. Our view is consistent with the legislative intent to provide stronger deterrence against all forms of child abuse, and the evil sought to be avoided by the enactment of R.A. No. 7610, which was exhaustively discussed during the committee deliberations of the House of Representatives: HON. [PABLO] P. GARCIA: Thank you, Mr. Chairman. This problem is also bogging me for quite some time because there has been so much cry against this evil in our society. But, then until now, neither the courts nor those in the medical world have come up with the exact definition of pedophilia. I have two standard dictionaries-Webster and another one an English dictionary, Random Dictionary and the term "pedophilia" is not there. Although, we have read so much literature, articles about pedophilia and it is commonly understood as we might say a special predilection for children. "Pedo" coming from the Greek word "pedo." But whether this would apply to children of either sex, say male or female is not also very clear. It is a sexual desire for its very unusual out of the ordinary desire or predilection for children. Now, in our country, this has gain[ ed] notoriety because of activities of foreigners in Pagsanjan and even in Cebu. But most of the victims I have yet to hear of another victim than male. Of course, satisfaction of sexual desire on female, young female, we have instances of adults who are especially attracted to the young female children, say below the ages of 12 or 15 if you can still classify these young female children. So our first problem is whether pedophilia would apply only to male victims or should it also apply to female victims? I am trying to make this distinction because we have already a law in our jurisdiction. I refer to the Revised Penal Code where sexual intercourse with a child below 12 automatically becomes statutory rape whether with or without consent. In other words, force or intimidation is not a necessary element. If a person commits sexual intercourse with a child below 12, then he automatically has committed statutory rape and the penalty is stiff. Now, we have really to also think deeply about our accepted definition of sexual intercourse. Sexual intercourse is committed against... or is committed by a man and a woman. There is no sexual intercourse between persons of the same sex. The sexual intercourse, as defined in the standard dictionaries and also as has been defined by our courts is always committed between a man and a woman. And so if we pass here a law, which would define pedophilia and include any sexual contact between persons of different or the same sexes, in other words, 7

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