I concur.
Petitioner Eduardo Quimvel y Braga (Quimvel) should be convicted under Section 5
(b), Article III of Republic Act No. (RA) 7610,[1] otherwise known as the "Special
Protection of Children Against Abuse, Exploitation and Discrimination Act," in
relation to Article 336 of the Revised Penal Code. As now subscribed to by the
ponencia, the said provision covers a situation wherein a child engages in any
lascivious conduct through coercion or intimidation, even if such sexual abuse
occurred only once, as in Quimvel's case. To my mind, the law does not
contemplate a situation where the acts of lasciviousness are committed on a child
priorly exploited in prostitution or subjected to other sexual abuse. This latter
position effectively requires allegation and proof of a first act of abuse committed
against the same child victim for a sex offender to be convicted.
Section 5 (b), Article III of RA 7610 reads:
ARTICLE III
Child Prostitution and Other Sexual Abuse
Section 5. Child Prostitution and Other Sexual Abuse. - Children, whether male or
female, who for money, profit, or any other consideration or due to the coercion or
influence of any adult, syndicate or group, indulge in sexual intercourse or
lascivious conduct, are deemed to be children exploited in prostitution and
other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall
be imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution which
include, but are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral
advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with
intent to engage such child in prostitution.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents