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.
