xxx (2) The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development.[20] Clearly, the objective of the law, more so the Constitution, is to provide a special type of protection for children from all types of abuse. Hence, it can be rightly inferred that the title used in Article III, Section 5, "Child Prostitution and Other Sexual Abuse" does not mean that it is only applicable to children used as prostitutes as the main offense and the other sexual abuses as additional offenses, the absence of the former rendering inapplicable the imposition of the penalty provided under R.A. 7610 on the other sexmil abuses committed by the offenders on the children concerned. Even if the remaining issue in the en banc decision in Dimakuta v. People[21] was whether or not an accused is disqualified to apply for probation even if such appeal resulted in the reduction of the nonprobationable penalty imposed to a probationable one, the majority has nonetheless discussed at length the matters of sexual abuse under R.A. 7610 and acts of lasciviousness under the RPC, thus: Petitioner was charged and convicted by the trial court with violation of Section 5 (b), Article III of R.A. No. 7610 based on the complaint of a sixteen (16)-year-old girl for allegedly molesting her by touching her breast and vagina while she was sleeping. xxxx The elements of sexual abuse are as follows: 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 sexual abuse. 3. The child, whether male or female, is below 18 years of age. Under Section 5, Article III of R.A. No. 7610, a child is deemed subjected to other sexual abuse when he or she indulges in lascivious conduct under the coercion or influence of any adult. This statutory provision must be distinguished from Acts of Lasciviousness under Articles 336 and 339 of the RPC. As defined in Article 336 of the RPC, Acts of Lasciviousness has the following elements: (1) That the offender commits any act of lasciviousness or lewdness; (2) That it is done under any of the following circumstances: