Decision -7- G.R. No. 234841 punishable by prision mayor, the offender should be liable for violation of Section 5(6), Article III of R.A. No. 7610, where the law provides for the higher penalty of reclusion temporal medium, if the offended party is a child victim. But if the victim is at least eighteen ( 18) years of age, the offender should be liable under Article 266-A, paragraph 2 of the RPC and not R.A. No. 7610, unless the victim is at least eighteen (18) years old and she is unable to fully take care of herself or protect herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition, in which case, the offender may still be held liable of sexual abuse under R.A. No. 7610. The reason for the foregoing is that, aside from affording special protection and stronger deterrence against child abuse, R.A. No. 7610 is a special law which should clearly prevail over R.A. No. 8353, which is a mere general law amending the RPC. In People v. Chingh, 19 the Court noted that "it was not the intention of the framers of R.A. No. 8353 to have disallowed the applicability of R.A. No. 7610 to sexual abuses committed to children. Despite the passage of R.A. No. 8353, R.A. No. 7610 is still [a] good law, which must be applied when the victims are children or those 'persons below eighteen ( 18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition. 11120 It is undisputed that at the time of the commission of the lascivious act, AAA was twelve (12) years old. Thus, based on the above discussion, Section 5(6), Article III of R.A. No. 7610 finds application herein. The provision states: Section 5. Child Prostitution and Other Sexual Abuse. Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse. The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: xxxx (b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or [subjected] to other sexual abuse; Provided, That when the [victim] is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period[.] (Emphasis ours.) 19 20 661 Phil. 208 (2011 ). Id. at 222-223.