CARPIO, J.: Lascivious acts committed against a child under 12 years old may fall under either Section 5(b) of Republic Act No. 7610 (RA 7610)[1] or Article 336 of the Revised Penal Code (RPC). As both laws remain to be good and effective, I submit this Separate Opinion to clarify and disti11guish these two seemingly overlapping provisions. I agree with the majority opinion when it states that Article 336 of the RPC was never repealed by Republic Act No. 8353 (RA 8353).[2] While the latter law expressly repealed Article 335, this does not render Article 336 incomplete or ineffective. As the majority opinion explains, it simply means that the "preceding article" referred to in Article 336 would now refer to Article 266-A, which replaced Article 335. As it now stands, the crime of acts of lasciviousness under Article 336 of the RPC has the following elements: 1. That the offender commits any act of lasciviousness or lewdness; 2. That the act of lasciviousness is committed against a person of either sex; 3. That it is done under any of the following circumstances: a. By using force or intimidation; b. When the offended party is deprived of reason or otherwise unconscious; or c. When the offended party is under 12 years of age or is demented.[3] On the other hand, Section 5(b) of RA 7610 has the following elements: 1. The accused commits the act of sexual intercourse or lascivious conduct. 2. The said act is performed with a child exploited in prostitution or subjected to other sexual abuse.