Decision
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G.R. No. 227363
to coercion or influence of any adult, syndicate or group," which deemed the
child as one "exploited in prostitution or other sexual abuse."
To avoid further confusion, We dissect the phrase "children exploited
in prostitution" as an element of violation of Section 5(b) of R.A. No. 7610.
As can be gathered from the text of Section 5 of R.A. No. 7610 and having
in mind that the term "lascivious conduct" 64 has a clear definition which
does not include "sexual intercourse," the phrase "children exploited in
prostitution" contemplates four (4) scenarios: (a) a child, whether male or
female, who for money, profit or any other consideration, indulges in
lascivious conduct; (b) a female child, who for money, profit or any other
consideration, indulges in sexual intercourse; (c) a child, whether male or
female, who due to the coercion or influence of any adult, syndicate or
group, indulges in lascivious conduct; and (d) a female, due to the coercion
or influence of any adult, syndicate or group, indulge in sexual intercourse.
The term "other sexual abuse," on the other hand, is construed in
relation to the definitions of "child abuse" under Section 3, Article I of R.A.
No. 7610 and "sexual abuse" under Section 2(g) of the Rules and
Regulations on the Reporting and Investigation of Child Abuse Cases. 65 In
the former provision, "child abuse" refers to the maltreatment, whether
habitual or not, of the child which includes sexual abuse, among other
matters. In the latter provision, "sexual abuse" includes the employment,
use, persuasion, inducement, enticement or coercion of a child to engage in,
or assist another person to engage in, sexual intercourse or lascivious
conduct or the molestation, prostitution, or incest with children.
In Quimvel, it was held that the term "co~rcion or influence" is broad
enough to cover or even synonymous with the term "force or intimidation."
Nonetheless, it should be emphasized that "coercion or influence" is used in
Section 566 of R.A. No. 7610 to qualify or refer to the means through which
64
"Lascivious conduct" means the intentional touching, either directly or through clothing, of the
genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia,
anus or mouth, of any person, whether of the same or opposite sex, with an intent to abuse, humiliate,
harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious
exhibition of the genitals or pubic area of a person. [Section 2(h) Rules and Regulations on the Reporting
and Investigation of Child Abuse Cases]
65
Issued in October 1993.
66
Section 5. Child Prostitution and Other Sexual Abuse. - Children, 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.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed
upon the following:
xx xx
(b) Those who commit the act of sexual intercourse or lascivious conduct with a child
exploited in prostitution or subject to other sexual abuse; Provided, That when the victims
is under twelve (12) years of ~ge, the perpetrators shall be prosecuted under A~icle 335,
paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal
Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for
of
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