call of the Supreme Court to afford protection to a special class of children and not
to cover any and all crimes against children that are already covered by other penal
laws such as the RPC and the Child and Youth Welfare Code.
The structure of RA 7610 confirms the foregoing intendment.
In this regard, even the structure of RA 7610 demonstrates its intended application.
Article I lays the preliminaries including state policy and defines the terms used in
the statute. Article II mandates the creation of a comprehensive program to protect
children from sexual abuse, exploitation, and discrimination - and thereafter
enumerated the headings of subsequent articles that grouped prohibited acts
according to the classes of abuse that RA 7610 penalizes. Article III penalizes child
prostitution and other sexual abuse; Article IV, child trafficking; Article V, obscene
publications and indecent shows; Article VI, other acts of abuse; and Article VII for
sanctions for establishments wherein these prohibited acts are promoted, facilitated
or conducted. The remaining articles cover circumstances which gravely threaten or
endanger the survival and normal development of children.
By both literal and purposive tests, I find nothing in the language of the law or in
the Senate deliberations that necessarily leads to the conclusion that RA 7610
subsumes all instances of sexual abuse against children.
The language of Section 5(b) cannot be read in isolation and should be
read in the context of the intendment of RA 7610.
Section 5(b) reads:
SEC. 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
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