Moreover, the application of the provisions of R.A. 7610, although not specifically
stated in the Information, does not violate the accused's right to be informed of the
nature and cause of the accusation against him. This is because all the elements of
the crime of "sexual abuse"[25] as contemplated in Section 5, Article III of R.A.
7610, as well as the age of minority of the victim, are all sufficiently alleged in the
same Information in this wise: "the above-named accused [Quimvel], with lewd
and unchaste design, through force and intimidation, did then and there,
willfully, unlawfully, and feloniously, insert his hand inside the panty of [AAA],
a minor of 7 years old and mash her vagina, against her will and consent, to her
damage and prejudice."[26]
It bears emphasis that since Section 5, Article III of R.A. 7610 already deems to be
"children exploited in prostitution and other sexual abuse" those children, whether
male or female, who indulge in sexual intercourse or lascivious conduct either (1)
for money, profit or any other consideration; or (2) due to coercion or influence
of any adult, syndicate or group, the aforequoted allegation that the lascivious
conduct was done "through force and intimidation," suffices to inform the accused
of the second element of sexual abuse.
Having in mind the State policies and principles behind R.A. 7610 (Special
Protection of Children Against Abuse, Exploitation, and Discrimination Act) and R.A.
8353[27] (Anti-Rape Law of 1997), as well as the statutory construction rules that
penal laws should be strictly construed against the state and liberally in favor of the
accused, and that every law should be construed in such a way that it will
harmonize with existing laws on the same subject matter, Isubmit that the
following are the applicable laws and imposable penalties for acts of
lasciviousness committed against a child[28] under Article 336 of the RPC, in
relation to R.A. 7610:
1. Under 12 years old - Section 5(b), Article III of R.A. 7610, in relation to Article
336 of the RPC, as amended by R.A. 8353, applies and the imposable penalty is
reclusion temporal in its medium period, instead of prision correccional. In
People v. Fragante,[29] Imbo v. People of the Philippines,[30] and People of the
Philippines v. Santos,[31] the accused were convicted of acts of lasciviousness
committed against victims under 12 years old, and were penalized under Section
5(b), Artcile III of R.A. 7610, and not under Article 336 of the RPC, as amended.
2. 12 years old and below 18, or 18 or older under special circumstances
under Section 3(a) of R.A. 7610[32] - Section 5(b), Article III of R.A. 7610 in
relation to Article 336 of the RPC, as amended, applies and the penalty is reclusion
temporal in its medium period to reclusion perpetua. This is because the
proviso under Section 5(b) apply only if the victim is under 12 years old, but silent
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