07-18-2019, 09:07 PM
Ramilo Vs. People
GR No. 234841, June 3, 2019
- instead of rape through sexual assault under Article 266-A, paragraph 2, of the RPC, Manuel should be held liable for Lascivious Conduct under Section 5(6), 17 Article III of Republic Act (R.A.) No. 7610.
- In Dimakuta v. People, the Court held that in instances where the lascivious conduct is covered by the definition under R.A. No. 7610, where the penalty is reclusion temporal medium, and the act is likewise covered by sexual assault under Article 266-A, paragraph 2 of the RPC, which is punishable by prision mayor, the offender should be liable for violation of Section 5(6 ), Article III of R.A. No. 7 610, where the law provides for the higher penalty of reclusion temporal medium, if the offended party is a child victim.
- But if the victim is at least eighteen ( 18) years of age, the offender should be liable under Article 266-A, paragraph 2 of the RPC and not R.A. No. 7610, unless the victim is at least eighteen (18) years old and she is unable to fully take care of herself or protect herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition, in which case, the offender may still be held liable of sexual abuse under R.A. No. 7610.
- The reason for the foregoing is that, aside from affording special protection and stronger deterrence against child abuse, R.A. No. 7610 is a special law which should clearly prevail over R.A. No. 8353, which is a mere general law amending the RPC.
- To achieve uniformity in designating the proper offense, moreover, the Court, in People v. Caoili, prescribed the following guidelines in designating or charging the proper offense in case lascivious conduct is committed under Section 5(b) of R.A. No. 7610, and in determining the imposable penalty: (1) The age of the victim is taken into consideration in designating or charging the offense, and in determining the imposable penalty; (2) If the victim is under twelve (12) years of age, the nomenclature of the crime should be "Acts of Lasciviousness under Article 336 of the RPC in relation to Section 5(b) of R.A. No. 7610." Pursuant to the second proviso in Section 5(b) of R.A. No. 7 610, the imposable penalty is reclusion temporal in its medium period; and (3) If the victim is exactly twelve (12) years of age, or more than twelve (12) but below eighteen (18) years of age, or is eighteen (18) years old or older, but is unable to fully take care of herself/himself or protect herself/himself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition, the crime should be designated as "Lascivious Conduct under Section 5(b) of R.A. No. 7610," and the imposable penalty is reclusion temporal in its medium period to reclusion perpetua. ) -"Caoili Guidelines"
- "Sexual abuse" includes the employment, use, persuas10n, inducement, enticement or coercion of a child to engage in, or assist another person to engage in, sexual intercourse or lascivious conduct or the molestation, prostitution, or incest with children;
- "Lascivious conduct" means the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia, anus or mouth, of any person, whether of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person.
- In Tulagan, we explained that on the one hand, the phrase "children exploited in prostitution" contemplates four (4) scenarios: (a) a child, whether male or female who, for money, profit or any other consideration, indulges in lascivious conduct; (b) a female child who, for money, profit or any other consideration, indulges in sexual intercourse; ( c) a child, whether male or female, who, due to the coercion or influence of any adult, syndicate or group, indulges in lascivious conduct; and ( d) a female, due to the coercion or influence of any adult, syndicate or group, indulges in sexual intercourse.
- Settled is the rule that in cases where rape is committed by a relative, such as a father, stepfather, uncle, or common law spouse, moral influence or ascendancy takes the place of "force and intimidation" as an essential element of rape.
- Under Section 3(a) of R.A. No. 7610, the term "children" refers to persons below eighteen (18) years of age or those over, but 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.
- Settled is the rule that ill motives become inconsequential if there is an affirmative and credible declaration from the rape victim, which clearly establishes the liability of the accused.
GR No. 234841, June 3, 2019
- instead of rape through sexual assault under Article 266-A, paragraph 2, of the RPC, Manuel should be held liable for Lascivious Conduct under Section 5(6), 17 Article III of Republic Act (R.A.) No. 7610.
- In Dimakuta v. People, the Court held that in instances where the lascivious conduct is covered by the definition under R.A. No. 7610, where the penalty is reclusion temporal medium, and the act is likewise covered by sexual assault under Article 266-A, paragraph 2 of the RPC, which is punishable by prision mayor, the offender should be liable for violation of Section 5(6 ), Article III of R.A. No. 7 610, where the law provides for the higher penalty of reclusion temporal medium, if the offended party is a child victim.
- But if the victim is at least eighteen ( 18) years of age, the offender should be liable under Article 266-A, paragraph 2 of the RPC and not R.A. No. 7610, unless the victim is at least eighteen (18) years old and she is unable to fully take care of herself or protect herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition, in which case, the offender may still be held liable of sexual abuse under R.A. No. 7610.
- The reason for the foregoing is that, aside from affording special protection and stronger deterrence against child abuse, R.A. No. 7610 is a special law which should clearly prevail over R.A. No. 8353, which is a mere general law amending the RPC.
- To achieve uniformity in designating the proper offense, moreover, the Court, in People v. Caoili, prescribed the following guidelines in designating or charging the proper offense in case lascivious conduct is committed under Section 5(b) of R.A. No. 7610, and in determining the imposable penalty: (1) The age of the victim is taken into consideration in designating or charging the offense, and in determining the imposable penalty; (2) If the victim is under twelve (12) years of age, the nomenclature of the crime should be "Acts of Lasciviousness under Article 336 of the RPC in relation to Section 5(b) of R.A. No. 7610." Pursuant to the second proviso in Section 5(b) of R.A. No. 7 610, the imposable penalty is reclusion temporal in its medium period; and (3) If the victim is exactly twelve (12) years of age, or more than twelve (12) but below eighteen (18) years of age, or is eighteen (18) years old or older, but is unable to fully take care of herself/himself or protect herself/himself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition, the crime should be designated as "Lascivious Conduct under Section 5(b) of R.A. No. 7610," and the imposable penalty is reclusion temporal in its medium period to reclusion perpetua. ) -"Caoili Guidelines"
- "Sexual abuse" includes the employment, use, persuas10n, inducement, enticement or coercion of a child to engage in, or assist another person to engage in, sexual intercourse or lascivious conduct or the molestation, prostitution, or incest with children;
- "Lascivious conduct" means the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia, anus or mouth, of any person, whether of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person.
- In Tulagan, we explained that on the one hand, the phrase "children exploited in prostitution" contemplates four (4) scenarios: (a) a child, whether male or female who, for money, profit or any other consideration, indulges in lascivious conduct; (b) a female child who, for money, profit or any other consideration, indulges in sexual intercourse; ( c) a child, whether male or female, who, due to the coercion or influence of any adult, syndicate or group, indulges in lascivious conduct; and ( d) a female, due to the coercion or influence of any adult, syndicate or group, indulges in sexual intercourse.
- Settled is the rule that in cases where rape is committed by a relative, such as a father, stepfather, uncle, or common law spouse, moral influence or ascendancy takes the place of "force and intimidation" as an essential element of rape.
- Under Section 3(a) of R.A. No. 7610, the term "children" refers to persons below eighteen (18) years of age or those over, but 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.
- Settled is the rule that ill motives become inconsequential if there is an affirmative and credible declaration from the rape victim, which clearly establishes the liability of the accused.