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:
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(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
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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]
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