are separate and different from the child's exploitation in prostitution or subjection
to "other sexual abuse."
Under Article 336 of the RPC, the accused performs the acts of lasciviousness on a
child who is neither exploited in prostitution nor subjected to "other sexual
abuse." In contrast, under Section 5 of RA 7610, the accused performs the acts of
lasciviousness on a child who is either exploited in prostitution or subjected to
"other sexual abuse."
Section 5 of RA 7610 deals with a situation where the acts of lasciviousness are
committed on a child already either exploited in prostitution or subjected to "other
sexual abuse." Clearly, the acts of lasciviousness committed on the child are
separate and distinct from the other circumstance that the child is either exploited
in prostitution or subjected to "other sexual abuse." (emphasis supplied)
Contrary to the exposition, the very definition of "child abuse" under Sec.
3(b) of RA 7610 does not require that the victim suffer a separate and
distinct act of sexual abuse aside from the act complained of. For it refers
to the maltreatment, whether habitual or not, of the child. Thus, a violation
of Sec. 5(b) of RA 7610 occurs even though the accused committed sexual
abuse against the child victim only once, even without a prior sexual
affront.
iv. There need not be a third person subjecting the exploited child to other abuse
The intervention by a third person is not necessary to convict an accused under
Sec. 5 of RA 7610. As regards paragraph (a), a child may engage in sexual
intercourse or lascivious conduct regardless of whether or not a "bugaw" is present.
Although the presence of an offeror or a pimp is the typical set up in prostitution
rings, this does not foreclose the possibility of a child voluntarily submitting himself
or herself to another's lewd design for consideration, monetary or otherwise,
without third person intervention. Needless to say, the child, would still be under
the protection of the law, and the offender, in such a situation, could still be held
criminally liable for violation of Sec. 5(a) of RA 7610.
The Senate deliberations made clear, though, that other forms of sexual abuse, not
just prostitution, are within the extended coverage of RA 7610. The offense is even
penalized under the same provision as prostitution-Sec. 5 of the law. Both offenses
must then be dealt with under the same parameters, in spite of the differences in
their elements. Thus, concomitant with the earlier postulation, just as the
participation of a third person is not necessary to commit the crime of prostitution,
so too is the circumstance unessential in charging one for other sexual abuse.