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Who are included in the definition of children in RA 7610? Section 3(a): In defining children the law includes 1.

Persons less than 18 years of age, or 2. Those who cannot take care of themselves and can be taken advantage of by others by reason of their age or mental capacity. What are the specific crimes penalized under RA 7610? 1. Section 5: Child prostitution and other sexual abuse which includes:
(a) Those who engage in or promote, facilitate or induce child prostitution; I. II. III. engaging in or promoting, facilitating or inducing child prostitution; committing the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse; or deriving profit or advantage therefrom, as manager/owner of the establishment where the prostitution takes place.

(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.

2. Section 6: Attempt To Commit Child Prostitution. There is an attempt to commit child prostitution under
Section 5, paragraph (a) hereof when: a) 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, apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse.

b)

There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments.

3. Section 7 : Child Trafficking. Any person who shall engage in trading and dealing with children including, but not
limited to, the act of buying and selling of a child for money, or for any other consideration, or barter

4. Section 8: Attempt to Commit Child Trafficking.


5. Section 9: Obscene Publications and Indecent Shows. Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, or model in obscene publications or pornographic materials or to sell or distribute the said materials

6. Section 10: Other Acts of Abuse Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's Development. To be free from liability under Article 6, Section 10(b):

(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places The child must be: 1. Related to him within 4th civil degree, or 2. There is legal, moral or social duty giving such person authority to have the minor with him in such places, or 3. The age difference between them is less than 10 years.

Any kind of employment which risks the physical, mental, or spiritual development of the child is child exploitation. Under the Revised Penal Code, the age must be less than 16 but under RA 7610, less than 18. What are required for conviction for child abuse through lascivious conduct under Section 5 of RA 7610? As stated in Amployo vs. People, GR No. 157718, April 26, 2005: Before an accused can be convicted of child abuse through lascivious conduct on a minor below 12 year of age, the requisites for acts of lasciviousness under Article 336 of the Revised Penal Code must be met in addition to the requisites of sexual abuse under Section 5 of RA 7610. Art. 336 is violated when the following elements concur: 1. The offender commits acts of lasciviousness or lewdness; 2. It is done under any of the following circumstances: a. By using force of intimidation; or b. When the offended party is deprived of reason or otherwise unconscious; or c. When the offended party is under 12 years of age; and 3. That the offended party is another person of either sex

Elements of sexual abuse under Section 5, Article 3 of RA 7610 : As stated in People vs. Abadies, GR No. 139346-50, July 11, 2002 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; and 3. The child, whether male or female, is below 18 years of age

Art. 335. When and how rape is committed . Rape is committed by having carnal knowledge of a woman under any of the following circumstances: 1. By using force or intimidation; 2. When the woman is deprived of reason or otherwise unconscious; and 3. When the woman is under twelve years of age, even though neither of the circumstances mentioned in the two next preceding paragraphs shall be present.
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The crime of rape shall be punished by reclusion perpetua. Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.
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When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be death.
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When rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof, the penalty shall be likewise death.
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When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death. (As amended by R.A. 2632, approved June 18, 1960, and R.A. 4111, approved June 20, 1964).

Art. 336. Acts of lasciviousness. Any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the preceding article

Kinds Of Acts of Lasciviousness

B. Kinds:
1. Forcible (Article 336) if made under circumstances of forcible rape, i.e through force, threat, violation, intimidation.
a. The accused may be any person and the victim may be a male or female

2. Consented: (Article 339) if made under circumstances of seduction whether simple or qualified i.e.
a) victim is a female of chaste character

b) over 12 years but below 18 years, or a widow

c) there was deceit or abuse of authority, abuse of confidence or abuse of relationship 4. If the acts of lasciviousness (including sexual intercourse) is performed upon a child exploited in prostitution or other sexual abuse (i.e. abuse other than the acts of lasciviousness such as when the child is the subject of an obscene publication or pornography or of indecent shows) whether male or female, the acts would constitute sexual abuse punished under R.A. 7610 ( The Child Abuse Law) ( Olivarez vs. C.A., July 29, 2006)