E-Library - Information At Your Fingertips: Printer Friendly 6 of 9 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63146 conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; x x x Pursuant to the foregoing, the penalty for lascivious conduct when the victim is under 12 years of age is reclusion temporal in its medium period, which ranges from 14 years, eight months and one day to 17 years and four months. Applying the Indeterminate Sentence Law, the penalty next lower to the statutory penalty is reclusion temporal in its minimum period (i.e., 12 years and one day to 14 years and eight months). Due to the absence of modifying circumstances, the statutory penalty is imposed in its medium period (i.e., 15 years, six months and 21 days to 16 years, five months and 10 days). The gravity of the imposable penalty serves the declared policy of the State expressed in Section 2 of Republic Act No. 7610, viz.: Section 2. Declaration of State Policy and Principles. - It is hereby declared to be the policy of the State to provide special protection to children from all forms of abuse, neglect, cruelty exploitation and discrimination and other conditions, prejudicial to their development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination. The State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against abuse, exploitation and discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person having care and custody of the same. It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival and normal development and over which they have no control. The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention of the Rights of the Child. Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life. The CA affirmed the imposition of the indeterminate sentence of 12 years and one day of reclusion temporal in its minimum period as the minimum to 15 years, six months and 20 days of reclusion temporal in its medium period as the maximum. However, the maximum of the indeterminate sentence was short by one day, with the effect of imposing the legal penalty in its minimum period. We correct the penalty as a matter of course by fixing the indeterminate sentence of the petitioner at 12 years and one day of reclusion temporal in its minimum period, as the minimum, to 15 years, six months and 21 days of reclusion temporal in its medium 4/21/2020, 9:25 AM

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