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For purposes of this Act, the penalty for the commission of acts punishable under
Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as
amended, for the crimes of murder, homicide, other intentional mutilation, and
serious physical injuries, respectively, shall be reclusion perpetua when the victim is
under twelve (12) years of age. The penalty for the commission of acts
punishable under Article 337, 339, 340 and 341 of Act No. 3815, as
amended, the Revised Penal Code, for the crimes of qualified seduction,
acts of lasciviousness with consent of the offended party, corruption of
minors, and white slave trade, respectively, shall be one (1) degree higher
than that imposed by law when the victim is under twelve (12) years of
age.[8]
To impose upon Quimvel an indeterminate sentence computed from the penalty of
prision correccional under Article 336 of the RPC would defeat the purpose of R.A.
7610 to provide for stronger deterrence and special protection against child abuse,
exploitation and discrimination. First, the imposition of such penalty would erase
the substantial distinction between acts of lasciviousness under Article 336 and acts
of lasciviousness with consent of the offended party under Article 339,[9] which used
to be punishable by arresto mayor, and now by prision correccional pursuant to
Section 10, Article VI of R.A. 7610. Second, it would inordinately put on equal
footing the acts of lasciviousness committed against a child and the same crime
committed against an adult, because the imposable penalty for both would still be
prision correccional, save for the aggravating circumstance of minority that may be
considered against the perpetrator. Third, it would make acts of lasciviousness
against a child an offense a probationable offense, pursuant to the Probation Law of
1976,[10] as amended by R.A. 10707.[11] Indeed, while the foregoing implications
are favorable to the accused, they are contrary to the State policy and principles
under R.A. 7610 and the Constitution on the special protection to children.
Based on the the legal definitions of "child abuse," it is also my view that there is
no need to allege that the lascivious conduct be committed "with a child exploited in
other prostitution" or with habituality, before a person may be held liable for acts of
lasciviousness under Article 336 of the RPC, in relation to Section 5(b), Article III of
R.A. 7610.
Section 3, Article I of R.A. 7610 states that "child abuse" refers to the
maltreatment, whether habitual or not, of the child which includes any of the
following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and
emotional maltreatment;
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