Decision - 54 - G.R. No. 227363 Section 5(b) - which provides that "when the victim is under twelve (12) years of age, the perpetrators shall be prosecuted under x x x the Revised Penal Code, for rape or lascivious conduct, as the case may be" - is a textual indicator that R.A. No. 7610 has a specific application only to children who are pre-disposed to "consent" to a sexual act because they are "exploited in prostitution or subject to other sexual abuse," thereby negating the ponente 's theory of general applicability. In People v. Larin, 120 We held that a child is deemed exploited in prostitution or subjected to other sexual abuse, when the child indulges in sexual intercourse or lascivious conduct (a) for money, profit, or any other consideration; or (b) under the coercion or influence of any adult, syndicate or group. Under R.A. No. 7610, children are "persons below eighteen years of age or those unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of their age or mental disability or condition." Noting that the law covers not only a situation in which a child is abused for profit, but also one in which a child, through coercion or intimidation, engages in any lascivious conduct, We ruled that Section 5(b) of R.A. No. 7610 penalizes not only child prostitution, the essence of which is profit, but also other forms of sexual abuse of children. We stressed that this is clear from the deliberations of the Senate, and that the law does not confine its protective mantle only to children under twelve (12) years of age. In Amployo v. People, 121 citing Larin, We observed that Section 5 of R.A. No. 7610 does not merely cover a situation of a child being abused for profit, but also one in which a child engages in any lascivious conduct through coercion or intimidation. As case law has it, intimidation need not necessarily be irresistible. It is sufficient that some compulsion equivalent to intimidation annuls or subdues the free exercise of the will of the offended party. This is especially true in the case of young, innocent and immature girls who could not be expected to act with equanimity of disposition and with nerves of steel. Young girls cannot be expected to act like adults under the same circumstances or to have the courage and intelligence to disregard the threat. In Olivarez vs. Court of Appeals, 122 We held that a child is deemed subjected to other sexual abuse when the child indulges in lascivious conduct under the coercion or influence of any adult. We found that the 16year old victim in that case was sexually abused because she was coerced or intimidated by petitioner to indulge in a lascivious conduct. We stated that it 120 357 Phil. 987 ( 1998). 121 Supra note 17. Supra note 111. Penned by Associate Justice Consuelo Ynares-Santiago, with Associate Justices 122 v Leonardo A. Quisumbing and Adolfo S. Azcuna, concurring; and Chief Justice Hilario G. Davide, ~ joining the di,,ent of A"oeiote Ju,tiee Antonio T. Cocpio.

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