complained of. R.A. 7610 does not merely cover a situation wherein a child is being
abused for profit as in prostitution, but also one wherein a child engages in any
lascivious conduct through coercion or intimidation, even if such sexual abuse
occurred only once, as in Quimvel's case. Also, based on the definitions above,
prostitution which involves an element of habituality - is just one of the several
other forms of sexual abuses. Thus, neither habituality nor the fact that the child is
exploited in prostitution, is required to be alleged in the information for acts of
lasciviousness because Article 336 of the RPC does not so provide.
In the same vein, the title of Article III of R.A. 7610 itself is clear that the
subsequent provisions thereof pertain not only on the subject of "child prostitution"
but also on "other sexual abuse." Under Section 5 thereof, those considered to be
under child prostitution are "children, whether male or female, who for money,
profit, or any other consideration" "indulge in sexual intercourse or lascivious
conduct" and those that do not fall under that category are those children, who,
"due to the coercion or influence of any adult, syndicate or group" "indulge in
sexual intercourse or lascivious conduct." This case falls under the second scenario
where no money, profit or any other consideration was involved.
To construe "other sexual abuse" as referring to any other sexual abuse other than
the acts of lasciviousness complained of is wrong. The law did not use such phrase
in order to cover other forms of sexual abuse that a child might have previously
experienced, other than being exploited in prostitution for profit, or for any other
consideration. Instead, the law clearly distinguishes those children who indulged in
sexual intercourse or lascivious conduct for money, profit, or any other
consideration, from those children who, without money, profit, or any other
consideration, had sexual intercourse or lascivious conduct due to the coercion or
influence of any adult, syndicate or group. This is further bolstered by the use of
the disjunctive word "or" in separating the two contexts contemplated in the law.
Thus, it is erroneous to interpret that R.A. 7610 contemplates situations wherein a
child, who was already subjected to prostitution or other sexual abuse, is again
subjected to another abuse or lascivious conduct. Note that in the definition of
"child abuse," the phrase "whether habitual or not" is used to describe the
frequency upon which a maltreatment can be considered as an abuse. Thus, a
single act of abuse is enough for a perpetrator to be considered, as having violated
the law. To interpret it otherwise would lead to an absurdity and ambiguity of the
law.
In Olivarez vs. Court of Appeals,[13] the Court 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. The Court found that the 16-year old victim
in that case was sexually abused because she was coerced or intimidated by
petitioner to indulge in a lascivious conduct. According to the Court, it is
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