Decision
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G.R. No. 227363
The President Pro Tern pore. Is there any objection? [Silence] Hearing
none, the amendment is approved.
How about the title, "Child Prostitution," shall we change that too?
Senator Angara. Yes, Mr. President, to cover the expanded scope.
The President Pro Tempore. Is that not what we would call probably
"child abuse"?
Senator Angara. Yes, Mr. President.
The President Pro Tempore. Is that not defined on line 2, page 6?
Senator Angara. Yes, Mr. President. Child prostitution and other
sexual abuse.
The President Pro Tempore. Subject to rewording. Is there any
objection? [Silence] Hearing none, the amendment is approved. Any other
amendments? 117
Indeed, the Angara amendment explains not just the rationale of the
body of Section 5(b) ofR.A. No. 7610 to cover a loophole or situation where
the minor may have been coerced or intimidated to indulge in lascivious
conduct. The amendment of President Pro Tempore Laurel, however, also
affects the title of Article III, Section 5 of R.A. No. 7610, i.e., "Child
Prostitution and Other Sexual Abuse." It is settled that if a chapter and
section heading has been inserted merely for convenience or reference, and
not as integral part of the statute, it should not be allowed to control
interpretation. 118 To our mind, however, the amendment highlights the
intention to expand the scope of Section 5 to incorporate the broader concept
of "child abuse," which includes acts of lasciviousness under Article 336 of
the RPC committed against "children," as defined under Section 3 of R.A.
No. 7610. Records of the Senate deliberation show that "child prostitution"
was originally defined as "minors, whether male or female, who, for money
or profit, indulge in sexual intercourse or lascivious conduct are deemed
children exploited in prostitution." 119 With the late addition of the phrase "or
subject to other sexual abuse," which connotes "child abuse," and in line
with the policy of R.A. No. 7610 to provide stronger deterrence and special
protection of children against child abuse, We take it to mean that Section
5(b) also intends to cover those crimes of child sexual abuse already
punished under the RPC, and not just those children exploited in prostitution
or subjected to other sexual abuse, who are coerced or intimidated to indulge
in sexual intercourse or lascivious conduct. This is the reason why We
disagree with the view of Justice Perlas-Bernabe that the first proviso under
117
118
119
Record of the Senate, Vol. I, No. 7, August 1, 1991, p. 262.
Commissioner of Customs v. Relunia, 105 Phil. 875 (1959).
Records of the Senate, Vol. IV, No. 116, May 9, 1991, p. 33.
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