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.
