Correlatively, Sec. 5(a) of RA 7610 punishes acts pertaining to or connected with
child prostitution wherein the child is abused primarily for profit. On the other hand,
paragraph (b) punishes sexual intercourse or lascivious conduct committed on a
child subjected to other sexual abuse. It covers not only a situation where a child is
abused for profit but also one in which a child, through coercion, intimidation or
influence, engages in sexual intercourse or lascivious conduct.[24] Hence, the law
punishes not only child prostitution but also other forms of sexual abuse against
children. This is even made clearer by the deliberations of the Senate, as cited in
the landmark ruling of People v. Larin:[25]
Senator Angara. I refer to line 9, 'who for money or profit.' I would like to amend
this, Mr. President, to cover a situation where the minor may have been coerced or
intimidated into this lascivious conduct, not necessarily for money or profit, so that
we can cover those situations and not leave loophole in this section.
The proposal I have is something like this: WHO FOR MONEY, PROFIT, OR ANY
OTHER CONSIDERATION OR DUE TO THE COERCION OR INFLUENCE OF ANY
ADULT, SYNDICATE OR GROUP INDULGE, et cetera.
The President Pro Tempore. I see. That would mean also changing the subtitle of
Section 4. Will it no longer be child prostitution?
Senator Angara. No, no. Not necessarily, Mr. President, because we are still talking
of the child who is being misused for sexual purposes either for money or for
consideration. What I am trying to cover is the other consideration. Because, here,
it is limited only to the child being abused or misused for sexual purposes,
only for money or profit.
I am contending, Mr. President, that there may be situations where the child
may not have been used for profit or...
The President Pro Tempore. So, it is no longer prostitution. Because the essence of
prostitution is profit.
Senator Angara. Well, the Gentleman is right. Maybe the heading ought to be
expanded. But, still, the President will agree that that is a form or manner of child
abuse.
The President Pro Tempore. What does the Sponsor say? Will the Gentleman kindly
restate the amendment?
ANGARA AMENDMENT
Senator Angara. The new section will read something like this, Mr. President: