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3-12-19
SIR,
SYNOPSIS:

Re: COMPARISON BETWEEN

R.A. 8353 and R.A. 7610

FIRST DISTINCTION:

1. R.A. 8353 – is the New Rape Law of 1997, while

R.A. 7610 – is SPECIAL PROTECTION AGAINST

CHILD ABUSE, EXPLOITATION AND
DISCRIMINATION. (1992)

SECOND DISTINCTION:

2. (a) Under the New Rape Law (RA 8353), Rape is

committed by a man who shall have carnal knowledge of a
woman under circumstance when the offended party is
under twelve years of age or is demented (this is now
incorporated in the Revised Penal Code, thus :

"Article 266-A. Rape: When And How Committed. - Rape is

committed:

"1) By a man who shall have carnal knowledge of a woman

under any of the following circumstances:

x x x.

"d) When the offended party is under twelve (12) years of age or
Is demented, even though none of the circumstances mentioned
above be present.

(b) Under R.A. 7610, when the offended party is below

18 years of age, Rape may be considered or may fall within
the ambit of the provision of said law which provides –
“Those who commit the act of sexual intercourse
or lascivious conduct with a child exploited in prostitution or
subject to other sexual abuse” (Section 5, paragraph [b]
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of RA 7610). This was already settled in - EDUARDO

QUIMVEL y BRAGA Vs. PEOPLE OF THE PHILIPPINES (G.R.
No. 214497, April 18, 2017) wherein the Supreme Court
supplied the elements of Section 5, paragraph [b] of RA
7610, thus:

Before an accused can be held criminally liable for

lascivious conduct under Sec. 5(b) of RA 7610, the requisites
of Acts of Lasciviousness as penalized under Art. 336 of the
RPC earlier enumerated must be met in addition to the
requisites for sexual abuse under Sec. 5 (b) of RA 7610,
which are as follows:

1. The accused commits the act of sexual

intercourse or lascivious conduct.

2. The said act is performed with a child exploited in

prostitution or subjected to other sexual abuse.

3. That child, whether male or female, is below 18 years

of age.

In - PEOPLE OF THE PHILIPPINES Vs. EDWIN DAGSA y

BANTAS @ "WING WING" (G.R. No. 219889, January 29,
2018), the Supreme Court explained that – the phrase,
"other sexual abuse" in the above provision covers not only
a child who is abused for profit, but also one who engages in
lascivious conduct through the coercion or intimidation by
an adult

THIRD DISTINCTION:

Under the New Rape law (RA 8353), the Offended party
must be below 12 years of age or is DEMENTED; while

Under RA 7610, the offended party to Children to person

below eighteen (18) years of age or THOSE OVER BUT ARE
UNABLE TO FULLY TAKE CARE OF THEMSELVES OR
PROTECT THEMSELVES FROM ABUSE, NEGLECT,
CRUELTY, EXPLOITATION OR DISCRIMINATION BECAUSE
OF A PHYSICAL OR MENTAL DISABILITY OR CONDITION.

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Parenthetically, the Heinous Crimes law (REPUBLIC

ACT NO. 7659 (December 13, 1993) relative to Statutory
Rape (rape of a woman below 12 years of age) is now
incorporated or adopted in the New Rape Law
(RA 8353, 1997), the similar provision in the heinous crimes
law provides -

Section 11. Article 335 of the same Code is hereby

amended to read as follows:

"Art. 335. When and how rape is committed. - Rape is

committed by having carnal knowledge of a woman
under any of the following circumstances:

xxx

3. When the woman is under twelve years of

age or is demented.