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.

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