J Decision - 40 - G.R. No. 227363 being "exploited in prostitution and or other sexual abuse," in determining whether the perpetrator can be held liable under R.A. No. 7610. The second proviso of Section S(b ), on the other hand, merely increased the penalty for lascivious conduct when the victim is under 12 years of age, from prision correccional to reclusion temporal in its medium period, in recognition of the principle of statutory acts of lasciviousness, where the consent of the minor is immaterial. Significantly, what impels Us to reject Justice Caguioa's view that acts of lasciviousness committed against children may be punished under either Article 336 of the RPC [with prision correccionalJ or Acts of Lasciviousness under Article 336 of the RPC, in relation to Section S(b) of R.A. No. 7610 [with reclusion temporal medium]/Lascivious Conduct under Section S(b) ofR.A .. No. 7610 [with reclusion temporal medium to reclusion perpetua], is the provision under Section 10 ofR.A. No. 7610. As pointed out by the ponente in Quimvel, where the victim of acts of lasciviousness is under 7 years old, Quimvel cannot be merely penalized with prisi6n correccional for acts of lasciviousness under Article 336 of the RPC when the victim is a child because it is contrary to the letter and intent of R.A. No. 7610 to provide for stronger deterrence and special protection against child abuse, exploitation and discrimination. The legislative intent is expressed under Section 10, Article VI of R.A. No. 7610 which, among others, increased by one degree the penalty for certain crimes when the victim is a child under 12 years of age, to wit: Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's Development. xx xx For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, for the crimes of murder, homicide, other intentional mutilation, and serious physical injuries, respectively, shall be reclusion perpetua when the victim is under twelve (12) years of age. The penalty for the commission of acts punishable under Article 337, 339, 340 and 341 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of qualified seduction, acts of lasciviousness with consent of the offended party, corruption of minors, and white slave trade, respectively, shall be one (1) degree higher than that imposed by law when the victim is under twelve (12) years of age. 96 The ponente explained that to impose upon Quimvel an indeterminate sentence computed from the penalty of prisi6n correcciona! under Article % See Separate Concurring Opinion in Quimvel v. People, supra note 36. (Emphasis added). ~

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