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 x x x.[12] Its essential elements are: (1) The accused commits the act of sexual intercourse or lascivious conduct; (2) The said act is performed with a child exploited in prostitution or subjected to other sexual abuse; and (3) The child whether male or female, is below 18 years of age.[13] The unique circumstances of the children exploited in prostitution or subjected to other sexual abuse for which the provisions of RA 7610 are intended are highlighted in this exchange: The Presiding Officer [Senator Mercado]. Senator Pimentel. Senator Pimentel. Just this question, Mr. President, if the Gentleman will allow. Will this amendment[14] also affect the Revised Penal Code provisions on seduction? Senator Lina. No, Mr. President. Article 336 of Act No. 3815 will remain unaffected by this amendment we are introducing here. As a backgrounder, the difficulty in the prosecution of so-called "pedophiles" can be traced to this problem of having to catch the malefactor committing the sexual act on the victim. And those in the law enforcement agencies and in the prosecution service of the Government have found it difficult to prosecute. Because if an old person, especially a foreigner, is seen with a child with whom he has no relationblood or otherwiseand they are just seen in a room and there is no way to enter the room and to see them in flagrante delicto, then it will be very difficult for the prosecution to charge or to hale to court these pedophiles. So, we are introducing into this bill, Mr. President, an act that is considered already an attempt to commit child prostitution. This, in no way, affects the Revised Penal Code provision on acts of lasciviousness or qualified seduction.[15] As to the proviso of Section 5(b), some guidance may be had as to its import during the period of committee amendments: Senator Lina. On page 3, between lines 12 and 13, insert the following: PROVIDED THAT WHEN THE VICTIM IS TWELVE (12) YEARS OR LESS, THE PERPETRATORS SHALL BE PROSECUTED UNDER ARTICLE 335, PARAGRAPH 3, AND ARTICLE 336 OF REPUBLIC ACT 3815, AS AMENDED, THE REVISED PENAL CODE, FOR RAPE OR LASCIVIOUS CONDUCT AS THE CASE MAY BE. The Presiding Officer [Senator Mercado]. Is there any objection? [Silence] Hearing none, the amendment is approved. xxxx