Text of the provision
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:
(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 or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse: Provided, That when the victim is under sixteen
(16) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, 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 sixteen
(16) 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.
Special Protection of Children Against Abuse, Exploitation and Discrimination Act, Republic Act No. 7610 (1992), Section 5. Base text verified word-for-word against the LawPhil and ChanRobles renderings; paragraph (b) is the text of Republic Act No. 11648 (2022), verified against the LawPhil and Supreme Court E-Library copies of that Act.
What this section means
Children who, for money, profit, or any other consideration or due to the coercion or influence of any adult, indulge in sexual intercourse or lascivious conduct are children exploited in prostitution and other sexual abuse. The section punishes, with reclusion temporal in its medium period to reclusion perpetua: (a) procurers and facilitators of child prostitution; (b) those who commit sexual intercourse or lascivious conduct with an exploited child — as amended by RA 11648, when the victim is under sixteen (16) the perpetrator is prosecuted under the Revised Penal Code's rape or lasciviousness provisions, and lascivious conduct with a victim under sixteen draws reclusion temporal in its medium period; and (c) those who derive profit or advantage, as manager or owner of the establishment. Paragraph (b) is one of the most-charged provisions in Philippine criminal practice.
Related provisions
This section as amended. Republic Act No. 11648 (2022) raised the age used in this provision from twelve to sixteen. The text above is the section as amended by RA 11648; the amended words are taken from RA 11648’s own text, verified word-for-word against the LawPhil and Supreme Court E-Library copies of that Act. Many reproductions of RA 7610 still print the original 1992 wording. Check which version any source you rely on is giving you.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.