Decision
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G.R. No. 227363
Children's normal growth and development, considering their
young minds and fragile bodies, must not be stunted. We legislators must
pave the way for the sustained progress of our children. Let not a child's
opportunity for physical, spiritual, moral, social and intellectual wellbeing be stunted by the creeping cruelty and insanity that sometimes
plague the minds of the adults in the society who, ironically, are the
persons most expected to be the guardians of their interest and welfare. 95
Justice Caguioa further submits that Section 5(b) of R.A. No. 7610
cannot be read in isolation in the way that Dimakuta, Quimvel and Caoili do,
but must be read in the whole context of R.A. No. 7610 which revolves
around (1) child prostitution, (2) other sexual abuse in relation to prostitution
and (3) the specific acts punished under R.A. No. 7610, namely, child
trafficking under Article IV, obscene publications and indecent shows under
Article V, and sanctions for establishments where these prohibited acts are
promoted, facilitated or conducted under Article VII. He adds that even an
analysis of the structure of R.A. No. 7610 demonstrates its intended
application to the said cases of child exploitation involving children
"exploited in prostitution or subjected to other sexual abuse." Citing the
exchange between Senators Pimentel and Lina during the second reading of
Senate Bill No. 1209 with respect to the provision on attempt to commit
child prostitution, Justice Caguioa likewise posits that a person can only be
convicted of violation of Article 336 in relation to Section 5(b ), upon
allegation and proof of the unique circumstances of the children "exploited
in prostitution or subjected to other sexual abuse."
We disagree that the whole context in which Section 5(b) ofR.A. No.
7610 must be read revolves only around child prostitution, other sexual
abuse in relation to prostitution, and the specific acts punished under R.A.
No. 7610. In fact, the provisos of Section 5(b) itself explicitly state that it
must also be read in light of the provisions of the RPC, thus: "Provided,
That when the victim is under twelve (12) years of age, the perpetrators
shall be prosecuted under Article 335, paragraph 3, for rape and Article 336
ofAct No. 3815, as amended, the Revised Penal Code, for rape or lascivious
conduct, as the case may be; Provided, That the penalty for lascivious
conduct when the victim is under twelve (12) years of age shall be reclusion
temporal in its medium period. "
When the first proviso of Section 5(b) states that "when the victim is
under 12 years of age shall be prosecuted under the RPC," it only means that
the elements of rape under then Article 335, paragraph 3 of the RPC [now
Article 266-A, paragraph l(d)], and of acts of lasciviousness under Article
336 of the RPC, have to be considered, alongside the element of the child
95
added).
Record of the Senate on Senate Bill No. 1209, Volume Ill, No. 104, pp. 1204-1205.
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