Decision - 51 - G.R. No. 227363 must also rule that the Information in the case at bench does not suffer from the alleged infirmity. We likewise held in Quimvel that the offense charged can also be elucidated by consulting the designation of the offense as appearing in the Information. The designation of the offense is a critical element required under Sec. 6, Rule 110 of the Rules of Court for it assists in apprising the accused of the offense being charged. Its inclusion in the Information is imperative to avoid surprise on the accused and to afford him of opportunity to prepare his defense accordingly. Its import is underscored in this case where the preamble states that the crime charged is "Acts of Lasciviousness in relation to Section 5(b) ofR.A. No. 7610." We held that for purposes of determining the proper charge, the term "coercion or influence" as appearing in the law is broad enough to cover "force and intimidation" as used in the Information; in fact, as these terms are almost used synonymously, it is then "of no moment that the terminologies employed by R.A. No. 7610 and by the Information are different." 113 We also ruled that a child is considered one "exploited in prostitution or subjected to other sexual abuse" when the child indulges in sexual intercourse or lascivious conduct "under the coercion or influence of any adult." 114 Thus, We rule that the above-quoted Information in Criminal Case No. SCC-6210 sufficiently informs Tulagan of the nature and cause of accusation against him, namely: rape by sexual assault under paragraph 2, Article 266-A of the RPC in relation to R.A. No. 7610. We also take this opportunity to address the position of Justice Caguioa and Justice Perlas-Bernabe, which is based on dissenting opinions 115 in Olivarez and Quimvel. Citing the Senate deliberations, the dissenting opinions explained that the phrase "or any other consideration or due to coercion or influence of any adult, syndicate or group," under Section S(b) ofR.A. No. 7610, was added to merely cover situations where a child is abused or misused for sexual purposes without any monetary gain or profit. The dissenting opinions added that this was significant because profit or monetary gain is essential in prostitution; thus, the lawmakers intended that in case all other elements of prostitution are present, but the monetary gain or profit is missing, the sexually abused and misused child would still be afforded the same protection of the law as if he or she were in the same situation as a child exploited in prostitution. 116 113 114 115 116 People v. Francisco Ejercito, G.R. No. 229861, July 2, 2018. Id. Penned by Senior Associate Justice Antonio T. Carpio. See Justice Carpio's Dissenting Opinion in Quimvel v. People, supra note 35. cY

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