the terms are used almost synonymously. It is then of no moment that the
terminologies employed by RA 7610 and by the Information are different.
And to dispel any remaining lingering doubt as to their interchangeability, the Court
enunciated in Caballo v. People [(710 Phil. 792, 805-806[2013])] that:
x x x sexual intercourse or lascivious conduct under the coercion or influence of any
adult exists when there is some form of compulsion equivalent to intimidation which
subdues the free exercise of the offended party's free will. Corollary thereto,
Section 2 (g) of the Rules on Child Abuse Cases conveys that sexual abuse involves
the element of influence which manifests in a variety of forms. It is defined as:
The employment, use, persuasion, inducement, enticement or coercion of a child to
engage in or assist another person to engage in, sexual intercourse or lascivious
conduct or the molestation, prostitution, or incest with children.
To note, the term "influence" means the "improper use of power or trust in any way
that deprives a person of free will and substitutes another's objective." Meanwhile,
"coercion" is the "improper use of x x x power to compel another to submit to the
wishes of one who wields it."[24] (emphases and underscoring supplied)
Thus, the Court, in Quimvel, observed that although the Information therein did not
contain the words "coercion or influence" (as it instead, used the phrase "through
force and intimidation"), the accused may still be convicted under Section 5 (b) of
RA 7610. Further, following the rules on the sufficiency of an Information, the Court
held that the Information need not even mention the exact phrase "exploited in
prostitution or subjected to other abuse" for the accused to be convicted under
Section 5 (b) of RA 7610; it was enough for the Information to have alleged that
the offense was committed by means of "force and intimidation" for the prosecution
of an accused for violation of Section 5 (b) of RA 7610 to prosper.[25]
In this case, it has been established that Ejercito committed the act of sexual
intercourse against and without the consent of AAA, who was only fifteen (15)
years old at that time. As such, she is considered under the law as a child who is
"exploited in prostitution or subjected to other sexual abuse;" hence, Ejercito's act
may as well be classified as a violation of Section 5 (b) of R.A. 7610.
Between Article 266-A of the RPC, as amended by RA 8353, as afore-discussed and
Section 5 (b) of RA 7610, the Court deems it apt to clarify that Ejercito should be
convicted under the former. Verily, penal laws are crafted by legislature to punish
certain acts, and when two (2) penal laws may both theoretically apply to the same
case, then the law which is more special in nature, regardless of the time of
enactment, should prevail. In Teves v. Sandiganbayan:[26]
It is a rule of statutory construction that where one statute deals with a subject in
general terms, and another deals with a part of the same subject in a more detailed