More importantly, Sec. 5(b), Art. III of RA 7610 specifically states the following:
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.
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; x x x
In People v. Aycardo,[27] the Court explained that a child need not be exploited in
prostitution for the provisions of RA 7610 to apply:
Section 5 (b), Article III of R.A. No. 7610 punishes sexual intercourse or lascivious
conduct not only with a child exploited in prostitution, but also with a child
subjected to other sexual abuses. It covers not only a situation where a child is
abused for profit, but also where one — through coercion, intimidation or influence
— engages in sexual intercourse or lascivious conduct with a child. Thus, a child is
deemed subjected to other sexual abuse when he or she indulges in lascivious
conduct under the coercion or influence of any adult.
It is clear from the above that "AAA" need not be a child exploited in prostitution for
money or profit in order for the provisions of RA 7160 to apply. As long as a child is
subjected to sexual abuse, either by engaging in sexual intercourse or lascivious
conduct, the penalty under Sec. 5 (b), Art. III of RA 7610 shall be the proper
imposable penalty.
In Olivarez v. Court of Appeals,[28] the Court held:
Thus a child is deemed subjected to other sexual abuse when the child indulges in
lascivious conduct under the coercion or influence of any adult. In this case,
Cristina was sexually abused because she was coerced or intimidated by petitioner
to indulge in a lascivious conduct. Furthermore, it is inconsequential that the sexual
abuse occurred only once. As expressly provided in Section 3 (b) of R.A. 7610, the
abuse may be habitual or not. It must be observed that Article III of R.A. 7610 is
captioned as "Child Prostitution and Other Sexual Abuse" because Congress really
intended to cover a situation where the minor may have been coerced or