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Petitioner's defense of denial, apart from being inherently weak,52 is demolished by AAA's and BBB's testimonies which the RTC and the CA unanimously regarded as straightforward and credible. Conclusively, the elements of acts of lasciviousness under Article 336 of the RPC and of lascivious conduct under R.A. 7610 were established in the present case. Following People v. Caoili53 , petitioner should be convicted of the offense designated as acts of lasciviousness under Article 336 of the RPC in relation to Section 5 of R.A. 7610 since the minor victim in this case is below 12 years old and the imposable penalty is reclusion temporal in its medium period. Applying the Indeterminate Sentence Law (ISL), and in the absence of mitigating or aggravating circumstances, the minimum term shall be taken from the penalty next lower to reclusion temporal medium, which is reclusion temporal minimum, which ranges from twelve (12) years and one (1) day to fourteen (14) years and eight (8) months. The maximum term shall be taken from the medium period of the imposable penalty, i.e., reclusion temporal in its medium period, which ranges from fifteen (15) years, six (6) months and twenty (20) days to sixteen (16) years, five (5) months and nine (9) days.54 Accordingly, the prison term is modified to twelve (12) years and one (1) day of reclusion temporal in its minimum period as minimum, to fifteen (15) years, six (6) months and twenty (20) days of reclusion temporal in its medium period as maximum. Further, in line with recent jurisprudence, petitioner is ordered to pay AAA moral damages, exemplary damages and fine in the amount of PhP15,000.00 each and civil indemnity in the amount of PhP20,000.00.55 WHEREFORE, the petition is PARTLY GRANTED. The Decision dated July 10, 2012 and Resolution dated October 25, 2012 of the Court of Appeals (CA) in CA-G.R. CR No. 33630 finding petitioner Edmisael Lutap guilty of attempted rape is REVERSED. The Court finds herein petitioner Edmisael Lutap GUILTY beyond reasonable doubt of the crime of acts of lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5 of R.A. 7610 and hereby sentences him to suffer the indeterminate penalty of twelve (12) years and one (1) day of reclusion temporal in its minimum period as minimum, to fifteen (15) years, six (6) months and twenty (20) days of reclusion temporal in ·its medium period as maximum. Petitioner is ORDERED to PAY private complainant moral damages, exemplary damages and fine in the amount of PhP15,000.00 each and civil indemnity in the amount of PhP20,000.00. Petitioner is also ORDERED to PAY interest at the rate of six percent (6%) per annum from the finality of this decision until fully paid, to be imposed on the damages and civil indemnity.56 SO ORDERED. NOEL GIMENEZ TIJAM Associate Justice WE CONCUR: MARIA LOURDES P.A. SERENO Chief Justice Chairperson

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Lutap v. People

Jurisprudence

Case number: G.R. No. 204061

Division: PH Supreme Court First Division

Date of decision: Feb 5, 2018

Year of decision: 2018

GBV Case Type

Acts of lasciviousness
Child Abuse (R.A. 7610)
Minor

Nature of the case: A six years old girl who belongs to the sector of Girl-Children was forced, threatened and intimated by her father's best friend who frequently visits their house by means of touching the victim's private part while playing text cards in the latter's house in Quezon City. The accused was convicted for the crime of Acts of Lasciviousness under Article 336 of the RPC in relation to Section 5 of R.A. 7610 contrary to the ruling of the Court of Appeals that the accused committed attempted rape as the Supreme Court ruled that absent any showing that there was actual insertion of a finger into the victim's private part, there can be no rape or even an attempted one.

Summary of outcome

The accused is convicted and is sentenced to suffer the following penalties:

Indeterminate sentence of 12 years and 1 day of reclusion temporal in its minimum period as mimimum, to 15 years, 6 months and 20 days of reclusion temporal in its medium period as its maximum; and
Pay the victim moral damages, exemplary damages, a fine in P 15,000.00 each and civil indemnity in the amount of P 20,000.00 and 6% interest per annum from the finality of the judgment until fully paid on the damages and civil indemnity.

Observatory: Gender-Based Violence

Ponente: TIJAM, J.:

Long title: EDMISAEL C. LUTAP, PETITIONER, V. PEOPLE OF THE PHILIPPINES, RESPONDENT.

Geolocation 1

Latitude: 14.646016

Longitude: 121.049656

: Geolocation 1

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Lutap v. People

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