However, an important qualification must be made:
Following the enactment of Republic Act No. 11648 (2022), the En Banc ruled that Section 5(b) of RA 7610 generally applies only to child victims aged 16 years but below 18 years who are exploited in prostitution or subjected to "other sexual abuse" involving defective consent induced by an adult. Where the child is below 16 years old, or where the act is committed through force, intimidation, unconsciousness, or similar circumstances, the proper charge is ordinarily under the Revised Penal Code, as amended by RA 11648, rather than Section 5(b) of RA 7610.
Relevant Philippine laws
1. Republic Act No. 7610, Section 5(b)
Section 5(b) provides that:
> Those who commit sexual intercourse or LASCIVIOUS CONDUCT with a child exploited in prostitution or subjected to other sexual abuse shall suffer the penalty of reclusion temporal in its medium period to reclusion perpetua.
The law further provides that when the victim is under the age specified in the proviso, prosecution is under the Revised Penal Code, although the penalty for lascivious conduct remains specially prescribed by RA 7610.
2. Republic Act No. 11648
RA 11648 raised the age of sexual consent from 12 to 16 years and amended several provisions of the Revised Penal Code affecting sexual offenses against children. It also influenced how Section 5(b) of RA 7610 is now interpreted by the Supreme Court.
3. Revised Penal Code
Article 336 – Acts of Lasciviousness (now renumbered in the Revised Penal Code after the amendments introduced by RA 11648, but still commonly referred to in jurisprudence by its traditional article number).
The Revised Penal Code now governs many cases involving victims below 16 years old that were previously prosecuted under RA 7610.
Latest Philippine jurisprudence
1. Gramatica v. People (Supreme Court En Banc, April 6, 2026)
This is now the leading En Banc decision.
The Court held that:
Section 5(b) of RA 7610 applies to victims 16 to below 18 years old.
It covers situations where the child's apparent consent is legally defective because of coercion, influence, persuasion, or exploitation by an adult.
It does not apply where the child is an entirely unwilling victim or where force, intimidation, fraud, unconsciousness, or grave abuse of authority is employed.
The Court laid down uniform prosecution guidelines distinguishing RA 7610 from the Revised Penal Code.
2. People v. XXX, G.R. No. 274549, April 6, 2026
Applying Gramatica, the Court ruled that because the victim was a 13-year-old unwilling victim, the accused should have been convicted under the Revised Penal Code for Acts of Lasciviousness rather than Section 5(b) of RA 7610.
3. Laconsay v. People
The Court reiterated that where Section 5(b) properly applies, the crime is Lascivious Conduct under RA 7610, not merely Acts of Lasciviousness under the Revised Penal Code. The Court imposed an indeterminate sentence with a maximum within the reclusion temporal range.
Practical effect of the En Banc ruling
The En Banc decision significantly changed prosecution practice:
Prosecutors must first determine the victim's age.
They must determine whether the child merely appeared to consent because of adult influence (RA 7610) or was an unwilling victim (Revised Penal Code).
The proper statute—not merely the factual acts—determines the offense and penalty.
Sources
Supreme Court of the Philippines – "SC Issues Guidelines on Proper Prosecution of Lascivious Conduct Cases under the Child Abuse Law and Revised Penal Code": [https://sc.judiciary.gov.ph/sc-issues-guidelines-on-proper-prosecution-of-lascivious-conduct-cases-under-the-child-abuse-law-and-revised-penal-code/](https://sc.judiciary.gov.ph/sc-issues-guidelines-on-proper-prosecution-of-lascivious-conduct-cases-under-the-child-abuse-law-and-revised-penal-code/?utm_source=chatgpt.com)
Lawphil – People v. XXX, G.R. No. 274549, April 6, 2026: [https://www.lawphil.net/judjuris/juri2026/apr2026/gr_274549_2026.html](https://www.lawphil.net/judjuris/juri2026/apr2026/gr_274549_2026.html?utm_source=chatgpt.com)
Supreme Court E-Library – Laconsay v. People: [https://elibrary.judiciary.gov.ph/assets/pdf/philrep/2024/G.R.%20No.%20259861.pdf](https://elibrary.judiciary.gov.ph/assets/pdf/philrep/2024/G.R.%20No.%20259861.pdf?utm_source=chatgpt.com)
Supreme Court E-Library – RA 7610 penalty discussion: [https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/21/60076](https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/21/60076?utm_source=chatgpt.com)
