Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4028

HOUSE BILL NO.

Introduced by REPRESENTATIVE DOY C. LEACHON

EXPLANATORY NOTE

This bill seeks to rationalize the penalties for lascivious conduct as defined
and punished under Republic Act No. 7610, as amended, otherwise known as the
“Special Protection of Children Against Child Abuse, Exploitation and Discrimination
Act”. As the law currently stands, the penalty for lascivious conduct when the victim

is under twelve (12) years of age is reelusion temporal in its medium period, while

the penalty for lascivious conduct when the victim is at least twelve (12) vears of age
but under eighteen (18) years of age is reclusion temporal in its medium period
to_reclusion perpetua. This creates an unintended disparity in the penalties
depending on the age of the victim despite the clear intent of the law to create a
stronger deterrence against child abuse and to provide for special protection to
children from such abuse.

In its recent decision in the case of People vs. Salvador Tulagan (G.R. No.
227363, March 12, 2019), the Supreme Court — through the ponencia of Justice
Diosdado Peralta ~ noted:

“Over and above the foregoing, We observe that despite the clear intent
of R.A. No. 7610 to provide for stronger deterrence and special
protection against child abuse, the penalty for violation of Section 5(b)
Of R.A. No. 7610 [rectusion temporal medium] when the victim is under
12 years old is lower compared to the penalty  {reclusion
temporal medium to reclusion perpetua] when the victim is 12 years old
and below 18. xxx xxx xxx Thus, a corrective legislation is the proper
remedy to address the noted incongruent penalties for acts of
lasciviousness committed against a child.”

Given the lower penalty to offenders when the victim is under twelve (12) years
of age, such recommendation to amend R.A. 7610 to effectively carry out the intent
of the law to provide for stronger deterrence and special protection against child
abuse is well taken.

For these reasons, the urgent passage of this bill is earnestly sought.

Doy of LEACHON
Reprofentative
1s Dftrict ~ Oriental Mindoro


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session
4028

HOUSE BILL NO.

Introduced by REPRESENTATIVE DOY C. LEACHON

AN ACT
INCREASING THE PENALTY FOR LASCIVIOUS CONDUCT WHEN THE
VICTIM IS UNDER TWELVE (12) YEARS OF AGE, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO, 7610, AS AMENDED, OTHERWISE KNOWN
AS THE "SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION ACT"

Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Section 5(b) of Republic Act No. 7610, as amended, is hereby
amended to read as follows:

“SEC. 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:

fa) xx ox x

(b) Those who commit the act of sexual intercourse or
lascivious conduct with a child exploited in prostitution or
subjected to other sexual abuse: Provided, That when the
victim is under twelve (12) years of age, the perpetrators shall
be prosecuted under Article [335, paragraph 3] 266-A (1)(D),
[for rape] and Article 336 of Act No. 3815, as amended,
OTHERWISE KNOWN AS 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 TO RECLUSION PERPETUA; and

(x xx”


SEC. 2. All other laws, decrees, orders, rules and regulations or parts
thereof inconsistent with this Act are hereby repealed, amended or modified
accordingly

SEC. 3. This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

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Approved,