Decision
- 37 -
G.R. No. 227363
enacted to protect those who, like the child-victim in People v. Ritter,
willingly engaged in sexual acts, not out of desire to satisfy their own sexual
gratification, but because of their vulnerable pre-disposition as exploited
children. She submits that, as opposed to the RPC where sexual crimes are
largely predicated on the lack of consent, Section 5(b) fills in the gaps of the
RPC by introducing the EPSOSA element which effectively dispenses with
the need to prove the lack of consent at the time the act of sexual abuse is
committed. Thus, when it comes to a prosecution under Section 5(b),
consent at the time the sexual act is consummated is, unlike in the RPC, not
anymore a defense.
We are unconvinced that R.A. No. 7610 only protects a special class
of children, i.e., those who are "exploited in· prostitution or subjected to
other sexual abuse," and does not cover all crimes against them that are
already punished ~y existing laws. It is hard to understand why the
legislature would enact a penal law on child abuse that would create an
unreasonable classification between those who are considered as
"exploited in prostitution and other sexual abuse" or EPSOSA and those
who are not. After all, the policy is to provide stronger deterrence and
special protection to children from all forms of abuse, neglect, cruelty,
exploitation, discrimination and other conditions prejudicial to their
development.
In the extended explanation of his vote on Senate Bill No. 1209,92
Senator Lina emphasized that the bill complements the efforts the Senate has
initiated towards the implementation of a national comprehensive program
for the survival and development of Filipino children, in keeping with the
Constitutional mandate that "[t]he State shall defend the right of children to
assistance, including proper care and nutrition; and special protection from
all forms of neglect, abuse, cruelty, exploitation, and other conditions
prejudicial to their development. "93 Senator Lina also stressed that the bill
supplies the inadequacies of the existing laws treating crimes committed
against children, namely, the RPC and the Child and Youth Welfare Code, in
the light of the present situation, i.e., current empirical data on child abuse
indicate that a stronger deterrence is imperative. 94
In the same vein, Senator Rasul expressed in her Sponsorship Speech
the same view that R.A. No. 7610 intends to protect all children against all
forms of abuse and exploitation, thus:
92
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION
AGAINST CHILD ABUSE AND EXPLOITATION, PROVIDING LEGAL PRESUMPTIONS AND
PENALTIES FOR ITS VIOLATIONS.
93
94
Record of the Senate, December 2, 1991, Volume II, No. 58, pp. 793-794.
Id.
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