ilri S'Eiwtr
of tlie s?ccrft!irj
NINEETEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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SENATE 
S. No.1188
•22 AUG 16 P2 39
Introduced by Senator Christopher Lawrence "Bong" T. Go
AN ACT
AMENDING SECTION 5 OF REPUBLIC ACT NO. 7610, OTHERWISE KNOWN 
AS THE "SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, 
EXPLOITATION, AND DISCRIMINATION ACT"
EXPLANATORY NOTE
The 1987 Constitution, Article XV, Section 3 (2) declares that the State shall 
defend the right of children to assistance, including proper care and nutrition, and 
special protection from all forms of neglect, abuse, cruelty, exploitation, and other 
conditions prejudicial to their development.
In People v. Tulagan,1 the Supreme Court lamented the incongruent penalties 
for acts of lasciviousness committed against a child in which acts of lasciviousness 
committed against a child below (twelve) 12 years of age is punished less severely 
than the same acts committed against a child who is between twelve (12) to 
eighteen (18) years of age, to wit:
"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 \redusion temporal medium! when the
victim is under 12 years old is lower compared to the penalty Ireclusion
temporal medium to reclusion perpetual when the victim is 12 years
1 G.R. No. 227363, 12 March 2019.


old and below 18. The same holds true if the crime of acts of 
lasciviousness is attended by an aggravating circumstance or 
committed by persons under Section 31, Article XII of R.A. No. 7610, in 
which case, the imposable penalty is reclusion perpetua. In contrast, 
when no mitigating or aggravating circumstance attended the crime of 
acts of lasciviousness, the penalty therefor when committed against a 
child under 12 years old Is aptly higher than the penalty when the child 
is 12 years old and below 18. This is because, applying the 
Indeterminate Sentence Law, the minimum term in the case of the 
younger victims shall be taken from reclusion temporal minimum, 
whereas as the minimum term in the case of the older victims shall be 
taken from prision mayor medium to reclusion temporal minimum. It is 
a basic rule in statutory construction that what courts may correct to 
reflect the real and apparent intention of the legislature are only those 
which are clearly clerical errors or obvious mistakes, omissions, and 
misprints, but not those due to oversight, as shown by a review of 
extraneous circumstances, where the law Is clear, and to correct it 
would be to change the meaning of the law. Thus, a corrective 
legislation is the proper remedy to address the noted incongruent 
penalties for acts of lasciviousness committed against a child."
This law takes Into consideration the foregoing observation and clarifies, once 
and for all, the legislative intent of R.A. No. 7610.
In light of the foregoing, the immediate passage of the biji is sought.
SENATOR CHRISTOPHER LAWRENCE ' BONG" T. GO


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of tlic g? rvrtarp
NINEETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
'n AUG 16 P 2 39
SENATE
s. No. 1188
Rl-CEiVED Wi.
Introduced by Senator Christopher Lawrence "Bong" T. Go
AN ACT
AMENDING SECTION 5 OF REPUBLIC ACT NO. 7610. OTHERWISE KNOWN 
AS THE "SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE. 
EXPLOITATION. AND DISCRIMINATION ACT"
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
Section 1. Section 5, Article III 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. - 
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:


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(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 TO RECLUSION PERPETUA: and
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(c) Those who derive profit or advantage therefrom, whether as
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manager or owner of the establishment where the prostitution takes
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place, or of the sauna, disco, bar, resort, place of entertainment or
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establishment serving as a cover or which engages in prostitution in
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addition to the activity for which the license has been issued to said
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establishment."
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Sec. 2. Coverage. - This Act shall not be applicable to those accused who are
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charged with violation of Sec. 5, Article III of R.A. No. 7610 through an Information
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filed before the courts prior to the effectivity of this Act and are undergoing trial,
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regardless of the stage thereof.
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This Act shall only be applicable to acts committed after its effectivity.


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No accused shall be convicted and penalized with the higher penalty under
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this Act where the same would violate the constitutional proscription against ex post
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facto laws.
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Sec. 3. Implementing rules and regulations. - The Department of Justice, in
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coordination with the Supreme Court, shall formulate and promulgate, in accordance
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implement the provisions of this Act.
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Sec. 4. Separabiiity clause. - If for any reason any part or provision of this Act
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Is declared invalid or unconstitutional, the remaining parts or provisions not affected
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thereby shall remain in full force and effect.
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Sec. 5. Repealing clause. - All laws or parts of laws, presidential decrees,
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executive orders, circulars, rules and regulations contrary to or inconsistent with the
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provisions of this Act are hereby repealed or amended accordingly.
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Sec. 6. Effectivity. - This Act shall take effect fifteen (15) days after its
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publication In the Official Gazette or in a newspaper of general circulation.
Approved,