ANGARA AMENDMENT
Senator Angara. The new section will read something like this, Mr. President:
MINORS, WHETHER MALE OR FEMALE, WHO FOR MONEY, PROFIT, OR ANY OTHER
CONSIDERATION OR INFLUENCE OF ANY ADULT, SYNDICATE OR GROUP INDULGE
IN SEXUAL INTERCOURSE, et cetera.
Senator Lina. It is accepted, Mr. President.
The President Pro Tempore. Is there any objection? [Silence] Hearing none, the
amendment is approved.
How about the title, "Child Prostitution", shall we change that too? Senator Angara.
Yes, Mr. President, to cover the expanded scope.
The President Pro Tempore. Is that not what we would call probable 'child abuse'?
Senator Angara. Yes, Mr. President.
The President Pro Tempore. Subject to rewording. Is there any objection? [Silence]
Hearing none, the amendment is approved x x x.[5] (Boldfacing and underscoring
supplied)
Based on the foregoing, it is clear that this provision was crafted to cover a
situation where sexual intercourse or lascivious conduct is performed with a child
who is being abused or misused for sexual purposes. The phrase "or any
other consideration or due to the coercion or influence of any adult, syndicate or
group" was added to merely cover situations where a child is abused or misused for
sexual purposes without any monetary gain or profit. This was significant because
profit or monetary gain is essential in prostitution. Thus, the lawmakers intended
that in case all the other elements of prostitution are present, but the monetary
gain or profit is missing, the sexually abused and misused child would still be
afforded the same protection of the law as if he or she were in the same situation
as a child exploited in prostitution.
Accordingly, "coercion or influence," on its own, does not make the child subjected
to "other sexual abuse." The "coercion or influence" must have been used to abuse
or misuse the child for sexual purposes, and again, this must have been the
circumstance of the child when the act complained of - the lascivious conduct of the
accused - was performed against the child. The "coercion or influence" should refer
to the circumstance of the child and not to the lascivious conduct complained of.
Moreover, if as the majority opinion states, "force or intimidation" is subsumed
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