magazine articles, media exposes, college dissertations, and other studies deal at
length with this serious social problem but pedophiles like the appellant will
continue to enter the Philippines and foreign publications catering to them will
continue to advertise the availability of Filipino street children unless the
Government acts and acts soon. We have to acquit the appellant because the Bill of
Rights commands us to do so. We, however, express the Court's concern about the
problem of street children and the evils committed against them. Something must
be done about it.[9]
That the protection of street children from exploitation is the thrust of RA 7610 is
further confirmed by Senator Lina's elucidation on the application of Section 6
following questions from Senator Enrile:
Senator Enrile. Pareho silang hubad na hubad at naliligo. Walang ginagawa.
Walang touching po, basta naliligo lamang. Walang akapan, walang touching,
naliligo lamang sila. Ano po ang ibig sabihin noon? Hindi po ba puwedeng sabihin,
kagaya ng standard na ginamit natin, na UNDER CIRCUMSTANCES WHICH WOULD
LEAD A REASONABLE PERSON TO BELIEVE THAT THE CHILD IS ABOUT TO BE
SEXUALLY EXPLOITED, OR ABUSED.
Senator Lina. Kung mayroon pong balangkas or amendment to cover that
situation, tatanggapin ng Representation na ito. Baka ang sitwasyong iyon ay hindi
na ma-cover nito sapagkat, at the back of our minds, Mr. President, ang
sitwasyong talagang gusto nating ma-address ay maparusahan iyong
tinatawag na "pedoph[i]lia" or prey on our children. Hindi sila makakasuhan
sapagkat their activities are undertaken or are committed in the privacy of homes,
inns, hotels, motels and similar establishments.[10]
And when he explained his vote, Senator Lina stated the following:
With this legislation, child traffickers could be easily prosecuted and penalized.
Incestuous abuse and those where victims are under twelve years of age are
penalized gravely, ranging from reclusion temporal to reclusion perpetua, in its
maximum period. It also imposes the penalty of reclusion temporal in its
medium period to reclusion perpetua, equivalent to a 14-30 year prison term
for those: (a) who promote or facilitate child prostitution; (b) commit the act of
sexual intercourse or lascivious conduct with a child exploited in
prostitution; (c) derive profit or advantage whether as manager or owner of an
establishment where the prostitution takes place or of the sauna, disco, bar resort,
place of entertainment or establishment serving as a cover or which engages in a
prostitution in addition to the activity for which the license has been issued to said
establishment.[11]
The Senate deliberations on RA 7610 is replete with similar disquisitions tending to
show the intendment to make the law applicable to cases involving child
exploitation through prostitution, sexual abuse, child trafficking, pornography and
other types of abuses; the passage of the law was the Senate's act of heeding the
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