XXX v. People

 

XXX v. People

G.R. No. 243151

September 2, 2019

FACTS:

                The RTC and CA convicted XXX for the crime of violating Sec. 5 (b) of RA 7610. That sometime in the year 2005 at YYY, City of ZZZ, Laguna the accused molested repeatedly molested the private complainant. There were times when the lascivious conduct would occur during daytime. The appellant sexually abused her by touching her breasts and vagina. Thereafter, she recounted to her sister BBB the ordeals she suffered from appellant. This prompted BBB to file the instant case against appellant.

ISSUE:

                Whether or not the CA erred in affirming the RTC

HELD:

                Yes. Acts of Lasciviousness under the RPC, the elements are: 1.) that the offender commits any act of lasciviousness or lewdness 2.) that it is done a. by using force and intimidation or b. when the offended party is deprived of reason or otherwise unconscious, or c. when the offended party is under 12 years of age; and 3.) that the offended party is another person of either sex. The 3rd element is immediately satisfied for the offended party is, naturally, a person of either sex. The 1st element that the offender commits any act of lasciviousness or lewdness.

                AAA’s age was not properly proved by the prosecution. In People v. Belen, the Court convicted the accused therein only of Simple Rape because the age of the victim was not sufficiently established. Wherefore, XXX, guilty of the crime of Acts of Lasciviousness.

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