J
Decision
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G.R. No. 227363
being "exploited in prostitution and or other sexual abuse," in determining
whether the perpetrator can be held liable under R.A. No. 7610. The second
proviso of Section S(b ), on the other hand, merely increased the penalty for
lascivious conduct when the victim is under 12 years of age, from prision
correccional to reclusion temporal in its medium period, in recognition of
the principle of statutory acts of lasciviousness, where the consent of the
minor is immaterial.
Significantly, what impels Us to reject Justice Caguioa's view that
acts of lasciviousness committed against children may be punished under
either Article 336 of the RPC [with prision correccionalJ or Acts of
Lasciviousness under Article 336 of the RPC, in relation to Section S(b) of
R.A. No. 7610 [with reclusion temporal medium]/Lascivious Conduct under
Section S(b) ofR.A .. No. 7610 [with reclusion temporal medium to reclusion
perpetua], is the provision under Section 10 ofR.A. No. 7610.
As pointed out by the ponente in Quimvel, where the victim of acts of
lasciviousness is under 7 years old, Quimvel cannot be merely penalized
with prisi6n correccional for acts of lasciviousness under Article 336 of the
RPC when the victim is a child because it is contrary to the letter and intent
of R.A. No. 7610 to provide for stronger deterrence and special protection
against child abuse, exploitation and discrimination. The legislative intent is
expressed under Section 10, Article VI of R.A. No. 7610 which, among
others, increased by one degree the penalty for certain crimes when the
victim is a child under 12 years of age, to wit:
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and
Other Conditions Prejudicial to the Child's Development. xx xx
For purposes of this Act, the penalty for the commission of acts
punishable under Articles 248, 249, 262, paragraph 2, and 263, paragraph
1 of Act No. 3815, as amended, for the crimes of murder, homicide, other
intentional mutilation, and serious physical injuries, respectively, shall be
reclusion perpetua when the victim is under twelve (12) years of age. The
penalty for the commission of acts punishable under Article 337, 339,
340 and 341 of Act No. 3815, as amended, the Revised Penal Code, for
the crimes of qualified seduction, acts of lasciviousness with consent of
the offended party, corruption of minors, and white slave trade,
respectively, shall be one (1) degree higher than that imposed by law
when the victim is under twelve (12) years of age. 96
The ponente explained that to impose upon Quimvel an indeterminate
sentence computed from the penalty of prisi6n correcciona! under Article
%
See Separate Concurring Opinion in Quimvel v. People, supra note 36. (Emphasis added).
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