six percent (6%) per annum from the date of finality of judgment.
SO ORDERED.
Hence, the present petition for review on certiorari under Rule 45, raising the
following issues:
I.
The CA erred in affirming the decisions of the trial court as the prosecution was not
able to prove that he is guilty of the crime charged beyond reasonable doubt.
II.
Assuming without admitting that he is guilty hereof, he may be convicted only of
Acts of Lasciviousness under Art. 336 of the Revised Penal Code (RPC) and not in
relation to Section 5 of R.A. 7610.
I concur with the ponencia in affirming the CA's decision finding Quimvel guilty
beyond reasonable doubt of the crime of violation of Section 5(b), Article III of R.A.
7610.
Acts of lasciviousness under Article 336 of the RPC, together with child prostitution
and rape, is dealt with under Section 5(b) of Article III of R.A. 7610 which reads:
ARTICLE III
Child Prostitution and Other Sexual Abuse
SECTION 5. Child Prostitution and Other Sexual Abuse. - Children, whether male or
female, who for money, profit, or any other consideration or due to the coercion or
influence of any adult, syndicate or group, indulge in sexual intercourse or
lascivious conduct, are deemed to be children exploited in prostitution and other
sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion
perpetua shall be imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution which
include, but are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral
advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
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