336 of the RPC earlier enumerated must be met in addition to the requisites for
sexual abuse under Sec. 5(b) of RA 7610, which are as follows:[19]
1. The accused commits the act of sexual intercourse or lascivious conduct.
2. The said act is performed with a child exploited in prostitution or
subjected to other sexual abuse.
3. That child, whether male or female, is below 18 years of age.[20] (emphasis
supplied)
Hypothetically admitting the elements of Art. 336 of the RPC, as well as the first
and third elements under RA 7610 - that a lascivious act was committed against
AAA who at that time was below twelve (12) years old petitioner nevertheless
contends that the second additional element, requiring that the victim is a child
"exploited in prostitution or subjected to other sexual abuse," is absent in this case.
The fault in petitioner's logic lies in his misapprehension of how the element that
the victim is "exploited in prostitution or subjected to other sexual abuse" should be
alleged in the Information.
Guilty of reiteration, the accusatory portion of the Information reads:
AMENDED INFORMATION
The Undersigned Assistant City Prosecutor of Ligao City hereby accuses EDUARDO
QUIMVEL y BRAGA also known as EDWARD/EDUARDO QUIMUEL y BRAGA of the
crime of Acts of Lasciviousness in relation to Section 5(b) of R.A. No. 7610,
committed as follows:
That on or about 8 o'clock in the evening of July 18, 2007 at Palapas, Ligao City,
Philippines, and within the jurisdiction of this Honorable Court, the above-named
accused, with lewd and unchaste design, through force and intimidation, did
then and there, willfully, unlawfully and feloniously, insert his hand inside the panty
of [AAA],[21] a minor of 7 years old and mash her vagina, against her will and
consent, to her damage and prejudice.
ACTS CONTRARY TO LAW.[22] (emphasis added)
To the mind of the Court, the allegations are sufficient to classify the victim as one
"exploited in prostitution or subject to other sexual abuse." This is anchored on the
very definition of the phrase in Sec. 5 of RA 7610, which encompasses children who
indulge in sexual intercourse or lascivious conduct (a) for money, profit, or any
other consideration; or (b) under the coercion or influence of any adult, syndicate
or group.[23]