JUDGE ORDERS ARREST OF TWO FOREIGNERS

October 13, 2009

By: Fred Padernos

Tacloban City, Philippines --- The executive Judge Crisologo Bitas , Branch 7 of the regional trial court here had recently issued a warrant of arrest to two foreigners namely Gordon Vincent Winzar and Charles Blair Winssenger alias Chuck, both in their early 50s and 60s respectively, for violation of the provisions under Republic Act 7610.

In an interview, Milagros “Mila” Repulda, Immigration Assistant, of the Bureau of Immigration and Deportation (BID) regional office here, showed a copy of the warrant of arrest to this writer, and further stated that the two wanted foreigners have not been visiting their office to update their registration for a long time. This means that they also have no idea about the whereabouts of the two.

As a matter of procedure, Repulda said, they will send the copy of the warrant of arrest to Commissioner Marcelino “Nonoy” Libanan in the central office Manila. With this, she said all BID agents and offices, including the Airlines companies in any part of the country would be alerted to prevent their escape should they try to.

R.A. 7610 is AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES crafted by the 9th Congress approved and made into law on June 17, 1992.

To recall, early last year, both Winzar and Wissenger were arrested by a joint operatives of the Tacloban police and city social welfare and development office (CSWDO). Aboard their van, both suspects picked up two minors female street children in front of the Gran Hotel near Port Area, and then speed up to Leyte Park Hotel compound near the shore where both victims were allegedly sexually molested inside their van.

Article III of R.A. 7410- Child Prostitution and Other Sexual Abuse provides;

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;

(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; 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.

ARTICLE XII
Common Penal Provisions

Section 31. Common Penal Provisions. –

(a) The penalty provided under this Act shall be imposed in its maximum period if the offender has been previously convicted under this Act;

(b) When the offender is a corporation, partnership or association, the officer or employee thereof who is responsible for the violation of this Act shall suffer the penalty imposed in its maximum period;

(c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an ascendant, parent guardian, stepparent or collateral relative within the second degree of consanguinity or affinity, or a manager or owner of an establishment which has no license to operate or its license has expired or has been revoked;

(d) When the offender is a foreigner, he shall be deported immediately after service of sentence and forever barred from entry to the country;

(e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a public officer or employee: Provided, however, That if the penalty imposed is reclusion perpetua or reclusion temporal, then the penalty of perpetual or temporary absolute disqualification shall also be imposed: Provided, finally, That if the penalty imposed is prison correccional or arresto mayor, the penalty of suspension shall also be imposed; and

(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the Department of Social Welfare and Development and disbursed for the rehabilitation of each child victim, or any immediate member of his family if the latter is the perpetrator of the offense.

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