Decision
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G.R. No. 227363
Justice Caguioa is partly correct. Section 5(b) of R.A. No. 7610 is
separate and distinct from common and ordinary acts of lasciviousness under
Article 336 of the RPC. However, when the victim of such acts of
lasciviousness is a child, as defined by law, We hold that the penalty is that
provided for under Section 5(b) of R.A. No. 7610 .- i.e., reclusion temporal
medium in case the victim is under 12 years old, and reclusion temporal
medium to reclusion perpetua when the victim is between 12 years old or
under 18 years old or above 18 under special circumstances .- and not
merely prision correccional under Article 336 of the RPC. Our view is
consistent with the legislative intent to provide stronger deterrence against
all forms of child abuse, and the evil sought to be avoided by the enactment
of R.A. No. 7610, which was exhaustively discussed during the committee
deliberations of the House of Representatives:
HON. [PABLO] P. GARCIA: Thank you, Mr. Chairman. This
problem is also bogging me for quite some time because there has been so
much cry against this evil in our society. But, then until now, neither the
courts nor those in the medical world have come up with the exact
definition of pedophilia. I have two standard dictionaries-Webster and
another one an English dictionary, Random Dictionary and the term
"pedophilia" is not there. Although, we have read so much literature,
articles about pedophilia and it is commonly understood as we might say a
special predilection for children. "Pedo" coming from the Greek word
"pedo." But whether this would apply to children of either sex, say male
or female is not also very clear. It is a sexual desire for its very unusual
out of the ordinary desire or predilection for children. Now, in our
country, this has gain[ ed] notoriety because of activities of foreigners in
Pagsanjan and even in Cebu. But most of the victims I have yet to hear of
another victim than male. Of course, satisfaction of sexual desire on
female, young female, we have instances of adults who are especially
attracted to the young female children, say below the ages of 12 or 15 if
you can still classify these young female children. So our first problem is
whether pedophilia would apply only to male victims or should it also
apply to female victims?
I am trying to make this distinction because we have already a law
in our jurisdiction. I refer to the Revised Penal Code where sexual
intercourse with a child below 12 automatically becomes statutory rape
whether with or without consent. In other words, force or intimidation is
not a necessary element. If a person commits sexual intercourse with a
child below 12, then he automatically has committed statutory rape and
the penalty is stiff. Now, we have really to also think deeply about our
accepted definition of sexual intercourse. Sexual intercourse is committed
against... or is committed by a man and a woman. There is no sexual
intercourse between persons of the same sex. The sexual intercourse, as
defined in the standard dictionaries and also as has been defined by our
courts is always committed between a man and a woman. And so if we
pass here a law, which would define pedophilia and include any sexual
contact between persons of different or the same sexes, in other words,
7
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