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People vs. Tulagan [CONCURRING AND DISSENTING OPINION, CAGUIOA, J.]

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. SALVADOR TULAGAN, ACCUSED-APPELLANT.

G.R. No. 227363 | 2019-03-12

CONCURRING AND DISSENTING OPINION
 
CAGUIOA, J.:
 
I concur partly in the result, but express my disagreement with some pronouncements in the ponencia.
 
My view of the relevant laws and their respective applications is straightforward and simple: apply Section 5(b) of Republic Act No. (R.A.) 7610 upon the concurrence of both allegation and proof that the victim is "exploited in prostitution or subjected to other sexual abuse," and in its absence — or in all other cases — apply the provisions of the Revised Penal Code (RPC), as amended by R.A. 8353. To illustrate the simplicity of my...