(1) A child is considered as one "exploited in prostitution or subjected to
other sexual abuse" when the child indulges in sexual intercourse or lascivious
conduct "under the coercion or influence of any adult":
To the mind of the Court, the allegations are sufficient to classify the victim
as one "exploited in prostitution or subject to other sexual abuse." This is
anchored on the very definition of the phrase in Sec. 5 of RA 7610, which
encompasses children who indulge in sexual intercourse or lascivious
conduct (a) for money, profit, or any other consideration; or (b) under the
coercion or influence of any adult, syndicate or group.
Correlatively, Sec. 5 (a) of RA 7610 punishes acts pertaining to or connected with
child prostitution wherein the child is abused primarily for profit. On the other hand,
paragraph (b) punishes sexual intercourse or lascivious conduct
committed on a child subjected to other sexual abuse. It covers not only a
situation where a child is abused for profit but also one in which a child,
through coercion, intimidation or influence, engages in sexual intercourse
or lascivious conduct. Hence, the law punishes not only child prostitution but also
other forms of sexual abuse against children. x x x.[22] (Emphases and underscoring
supplied)
(2) A violation of Section 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:
[T]he 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.[23] (Emphasis and underscoring supplied)
(3) For purposes of determining the proper charge, the term "coercion and
influence" as appearing in the law is broad enough to cover "force and
intimidation" as used in the Information; in fact, as these terms are almost
used synonymously, it is then "of no moment that the terminologies employed by
RA 7610 and by the Information are different":
The term "coercion and influence" as appearing in the law is broad enough
to cover "force and intimidation" as used in the Information. To be sure,
Black's Law Dictionary defines "coercion" as "compulsion; force; duress" while
"[undue] influence" is defined as "persuasion carried to the point of overpowering
the will." On the other hand, "force" refers to "constraining power, compulsion;
strength directed to an end" while jurisprudence defines "intimidation" as
"unlawful coercion; extortion; duress; putting in fear." As can be gleaned,