Section 4. Formulation of the Program. – There shall be a comprehensive program to be formulated,
by the Department of Justice and the Department of Social Welfare and Development in coordination
with other government agencies and private sector concerned, within one (1) year from the effectivity of
this Act, to protect children against child prostitution and other sexual abuse; child trafficking, obscene
publications and indecent shows; other acts of abuse; and circumstances which endanger child survival
and normal development.
ARTICLE III
Child Prostitution and Other Sexual Abuse
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.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the
following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include,
but are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or
oral advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute;
or
(5) Giving monetary consideration goods or other pecuniary benefit to a child
with intent to engage such child in prostitution.
(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
(c) Those who derive profit or advantage therefrom, whether as manager or owner of
the establishment where the prostitution takes place, or of the sauna, disco, bar, resort,
place of entertainment or establishment serving as a cover or which engages in
prostitution in addition to the activity for which the license has been issued to said
establishment.
Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child prostitution
under Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found
alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house,