XXX v. People

 

XXX v. People

G.R. No. 242101

September 16, 2019

FACTS:

                The RTC and CA convicted XXX for the crime of Acts of Lasciviousness under Art. 336 of the RPC. AAA, 14 years old was about to pick up something from the floor in one of the rooms of their house when, accused approached her from the back. He grabbed the lower end of her t-shirt, inserted his hands inside and touched her breast. She immediately resisted. The accused tried to pull down her shorts but she held on it.

ISSUE:

                Whether or not accused-appellant should be convicted

HELD:

                Yes. In People v. Caoili, We 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 Revised Penal Code in relation to Section S(b) of R.A. No. 761 0." 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. 3. If the victim is  exactly twelve (12) years of age, or more than twelve (12) but below eighteen (18) years of !,g!b 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 S(b) of R.A. No. 7610," and the imposable penalty is reclusion temporal in its medium period to reclusion perpetua.