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. [1] The penalty of reclusion temporal in its medium period to reclusion perpetua hall be imposed upon the following: xxxx (b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; and xxx An Act Providing For Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, and For Other Purposes. [2] [3] Decision dated January 23, 2013; penned by Judge Amy Ana L. De Villa-Rosero. Decision dated May 29, 2014; penned by Associate Justice Japar B. Dimaampao, with Associate Justices Elihu A. Ybañez and Carmelita S. Manahan, concurring. [4] [5] Emphasis added. Chinese Flour Importers Association v. Price Stabilization Board, 89 Phil. 439, 451 (1951); Arenas v. City of San Carlos (Pangasinan), 172 Phil. 306, 311 (1978). [6] [7] Emphasis added. [8] Emphasis added. ARTICLE 339. Acts of Lasciviousness with the Consent of the Offended Party. The penalty of arresto mayor shall be imposed to punish any other acts of lasciviousness committed by the same persons and the same circumstances as those provided in articles 337 and 338. [9]