child victim, which may or may not be related to the act committed by the accused.
Second, being under the "coercion or influence" of an adult does not, by itself,
make the child automatically subjected to "other sexual abuse." Section 5 of RA
7610 provides in part:
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.
To understand this provision, I looked into the deliberations of the Senate, which
are also quoted in the majority opinion:
Senator Angara. I refer to line 9, "who for money or profit." I would like to amend
this, Mr. President, to cover a situation where the minor may have been coerced or
intimidated into this lascivious conduct, not necessarily for money or profit, so that
we can cover those situations and not leave loophole in this section.
The proposal I have is something like this: WHO FOR MONEY, PROFIT, OR ANY
OTHER CONSIDERATION OR DUE TO THE COERCION OR INFLUENCE OF ANY
ADULT, SYNDICATE OR GROUP INDULGE, et cetera.
The President Pro Tempore. I see. That would mean also changing the subtitle of
Section 4. Will it no longer be child prostitution?
Senator Angara. No, no. Not necessarily, Mr. President, because we are still
talking of the child who is being misused for sexual purposes either for
money or for consideration. What I am trying to cover is the other
consideration. Because, here, it is limited only to the child being abused or
misused for sexual purposes, only for money or profit.
I am contending, Mr. President, that there may be situations where the child may
not have been used for profit or ...
The President Pro Tempore. So it is no longer prostitution. Because the essence of
prostitution is profit.
Senator Angara. Well, the Gentleman is right. Maybe the heading ought to be
expanded. But, still, the President will agree that that is a form or manner of child
abuse.
The President Pro Tempore. What does the Sponsor say? Will the Gentleman kindly
restate the amendment?
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