and subsisting crime from RA 7610. While rape was relocated to the title on crimes
against persons, Article 336 can fairly be read to refer to the provision that replaced
Article 335 (Article 266) to save it from becoming non-operational.
The legislative intent to have the provisions of RA 7610 to operate side by side
with the provisions of the RPC - and a recognition that the latter remain effective can be gleaned from Section 10 of the law:
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other
Conditions Prejudicial to the Child's Development. (a) Any person who shall commit any other acts of child abuse, cruelty or
exploitation or to be responsible for other conditions prejudicial to the child's
development including those covered by Article 59 of Presidential Decree No. 603,
as amended, but not covered by the Revised Penal Code, as amended, shall
suffer the penalty of prision mayor in its minimum period.
This is confirmed by Senator Lina in his sponsorship speech of RA 7610, thus:
Senator Lina. x x x
xxxx
Senate Bill No. 1209, Mr. President, is intended to provide stiffer penalties for
abuse of children and to facilitate prosecution of perpetrators of abuse. It is
intended to complement provisions of the Revised Penal Code where the
crimes committed are those which lead children to prostitution and sexual
abuse, trafficking in children and use of the young in pornographic
activities.
These are the three areas of concern which are specifically included in the United
Nations Convention o[n] the Rights of the Child. As a signatory to this Convention,
to which the Senate concurred in 1990, our country is required to pass measures
which protect the child against these forms of abuse.
xxxx
Mr. President, this bill on providing higher penalties for abusers and exploiters,
setting up legal presumptions to facilitate prosecution of perpetrators of abuse, and
complementing the existing penal provisions of crimes which involve children
below 18 years of age is a part of a national program for protection of children.
xxxx
Mr. President, subject to perfecting amendments, I am hopeful that the Senate will
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