Moreover, the application of the provisions of R.A. 7610, although not specifically stated in the Information, does not violate the accused's right to be informed of the nature and cause of the accusation against him. This is because all the elements of the crime of "sexual abuse"[25] as contemplated in Section 5, Article III of R.A. 7610, as well as the age of minority of the victim, are all sufficiently alleged in the same Information in this wise: "the above-named accused [Quimvel], 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], a minor of 7 years old and mash her vagina, against her will and consent, to her damage and prejudice."[26] It bears emphasis that since Section 5, Article III of R.A. 7610 already deems to be "children exploited in prostitution and other sexual abuse" those children, whether male or female, who indulge in sexual intercourse or lascivious conduct either (1) for money, profit or any other consideration; or (2) due to coercion or influence of any adult, syndicate or group, the aforequoted allegation that the lascivious conduct was done "through force and intimidation," suffices to inform the accused of the second element of sexual abuse. Having in mind the State policies and principles behind R.A. 7610 (Special Protection of Children Against Abuse, Exploitation, and Discrimination Act) and R.A. 8353[27] (Anti-Rape Law of 1997), as well as the statutory construction rules that penal laws should be strictly construed against the state and liberally in favor of the accused, and that every law should be construed in such a way that it will harmonize with existing laws on the same subject matter, Isubmit that the following are the applicable laws and imposable penalties for acts of lasciviousness committed against a child[28] under Article 336 of the RPC, in relation to R.A. 7610: 1. Under 12 years old - Section 5(b), Article III of R.A. 7610, in relation to Article 336 of the RPC, as amended by R.A. 8353, applies and the imposable penalty is reclusion temporal in its medium period, instead of prision correccional. In People v. Fragante,[29] Imbo v. People of the Philippines,[30] and People of the Philippines v. Santos,[31] the accused were convicted of acts of lasciviousness committed against victims under 12 years old, and were penalized under Section 5(b), Artcile III of R.A. 7610, and not under Article 336 of the RPC, as amended. 2. 12 years old and below 18, or 18 or older under special circumstances under Section 3(a) of R.A. 7610[32] - Section 5(b), Article III of R.A. 7610 in relation to Article 336 of the RPC, as amended, applies and the penalty is reclusion temporal in its medium period to reclusion perpetua. This is because the proviso under Section 5(b) apply only if the victim is under 12 years old, but silent

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