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Quezon City, Metro Manila
Nineteenth Congress
First Regular Sess
HOUSE BILL NO.
Introduced by Rep. Anthony R.T. Golez |r. MD, MBAH
EXPLANATORY NOTE
The proposed law herein seeks to correct the apparent inconsistency in the penalties
for sexual abuses committed against children, as expressed by the Supreme Court, to wit:
" Over and above the fioregoing,  we observe that despite tlre  clear intent Of R.A. No. 7610
to. proyide  fo_r  stronger  de_terrence  and  special  protection  against  child  abuse,  the  penalty  for
violation Of Section Sife) Of R.A. No. 7610 [reclusion temporal medium) when the victim is under
12_years.old is lower compared to the penalty  [reclusion temporal medium  to  reclusion  perpettial
I.chep  .the   victii.n   is   12 . y_ett_rs  old  and below  18.  Th  same holds  true if the  crime  Of acts  of
lasciviousness   is    attended  by  an   aggravating  cirourmstance  or committed by persons unddr
Section  31_,  ALrticle  XII  Of R.A.  No.  7610,  in  which  case,  the  inposable  penalty  is  reclusion
pe.r.peh!a: In contrast. when no mitigating or aggravating circumstance attended the crime Of acts
gf.Iqscivjousn.ess, the _penalty therofor when committed against a cndd under 12 years old is aptly
Pigl_ier thap the p_enalty when the child is 12 years old nd below 18 . This is because, applying the
Indeterminate  Sentence  Low,  the  minimum  term in  the  case  Of the younger  victims  shall  be
trfeepe  frope :e_clusion  texporal mininun, whereas as the minimum term in the case of the older
victims shall be taken from  prison mayor medium to reclusion temporal minimum. It  is a basic rule
in statutory construction that what courts may correct to refoect the real and apparent intention
of the legislature are only those which are clearly clerical errors or obvious mi,stakes, oitiissions,
aiid iliisprints, but not those due to oversight. as shown by a review of extrarteou.s cjroumstarlces,
where tlre law is clear, a:nd, to (orrect itwoiild   be   to   clia:ttge   the   meariing   of  the   law.   Tlms,
a.   cqurf ctive legislatio|l is _the proper rellledy to address the noted incongruent pel`lalties for a(ts Of
lasciviolisness  comiiiitted against a cliild"  (People v. Tulagan, G.R. No. 227363,  March 12,
2019).
Aside from correctl.ng the inconsistency in law, the proposed law will strengthen the
aim  to  protect  children  from  sexual  abuse  because  it  increases  the  penalty  to  rcfJ//s/.ow
perpcfr/H. For the people of the Philippines, the passage of the proposed law is earnestly being
sought.
7toGTes
Hon. Anthony R.T. Golez ]r. MD, MBAH
Malasckit at Bayanthan Partylist


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Quezon City, Metro Manila
Nineteenth Congress
First Regular Session
HOUSE BILL NO. §£3i
Introduced by Rep. Anthony R.T. Golez Jr. MD, MBAH
AN ACT AMENDING SECTION 5 0F REPUBLIC ACT NO. 7610,
OTHERWISE KNOWN AS THE "SPECIAL PROTECTION OF
CHILDREN AGAINST ABUSE, EXPLOITATION,
AND DISCRIMINATION ACT"
Be  it  .e.na.cted  by  the  Seriate  and  the  House  Of  Representatives  Of   the  Philippines  in  Congress
assembled:
Section 1. Short Title. This Act shall be known as ``Strenghtening the Special Protection of
Children Act."
Section 2. Amendment to Strengthen the Special Ilotection to Children. Section 5, Article
111  of   Republic Act No. 7610, otherwise known as the  "Special  Protection of Children
Against  Abuse,  Exploitation,  and  Discrimination Act," as amended, is hereby further
amended to read as follows:
``Section  5.    Child   Prostitution   and   Other   Sexual    Abuse.   -Childrer\,  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   recJi/sf.o7I   tempor#J   in   its   medium   period   to reclusion
perpetuaL shall be im posed upon the following:
(a)   Those   who   engage   in    or   promote,   facilitate   or   induce   child
prostitution which include, but dre 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;  Pro{7r.dcd,  That when the victims is under twelve  (12)  years of
age, the perpetrators shah 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:
ProzJz:did,  That the penalty for lascivious conduct when the victim is
under  twelve  (12)  years  of  age  shall  be  reclusion  temporal  in  its
medium period TO RECLUSION PERPETUA;  and
(c)  Those who  derive profit or advantage  there from,  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 3. Sap#r¢bt.J..ty cJfl[i/sc. -  If for any reason any part or provision of this
Act is declared invalid or unconstitutional, the remaining parts or provisions
not affected thereby shall remain in full force and effect.
Section 4.  Rapc#ZI.ng cha!fse.  All  laws  or parts of laws,  presidential  decrees,
executive  orders, circulars,  rules and regulations  contrary  to or inconsistent
with the provisions of this Act are hereby repealed or amended accordingly.
Section  5.  £/Tech..z7z.rty.  -   This  Act  shall  take  effect  fifteen  (15)  days  after
its publication in the Official Gazette or in a newspaper of general circulation.
Approved,