of immorality which has relation to moral impurity; or that which is carried on a
wanton manner."[44] As such, accusedappellant's act of squeezing AAA's vagina was
a lewd and lascivious act within the definitions set by law and jurisprudence.
Under Section 5 (b) of RA 7610, the prescribed penalty for lascivious conduct is
reclusion temporal in its medium period to reclusion perpetua. In the absence of
mitigating or aggravating circumstances, the maximum term of the sentence shall
be taken from the medium period[45] thereof. Applying the Indeterminate Sentence
Law, the minimum term shall be taken within the range of the penalty next lower in
degree, which is prision mayor in its medium and maximum periods to reclusion
temporal in its minimum period.[46] Accordingly, accused-appellant is sentenced to
suffer an indeterminate penalty of imprisonment ranging from ten (10) years and
one (1) day of prision mayor, as minimum, to 17 years, four (4) months, and one
(1) day of reclusion temporal, as maximum. In addition, and conformably with
recent jurisprudence, accused-appellant is ordered to pay AAA the amounts of
P20,000.00 as civil indemnity, P15,000.00 as moral damages, P15,000.00 as
exemplary damages, and P15,000.00 as fine, all of which shall earn interest at the
rate of six percent (6%) per annum from the date of finality of this judgment.[47]
WHEREFORE, the Decision dated June 30, 2015 of the Court of Appeals in CA-G.R.
CR-HC No. 01160-MIN is hereby AFFIRMED with the following MODIFICATIONS:
(1) In FC Criminal Case No. 2008-426, accused-appellant Dominador Ladra is found
guilty beyond reasonable doubt of the crime of Rape under Article 266-A of the
Revised Penal Code, as amended, and, accordingly, sentenced to suffer the penalty
of reclusion perpetua and to pay private complainant the amounts of P75,000.00 as
moral damages, P75,000.00 as civil indemnity, and P75,000.00 as exemplary
damages;
(2) In FC Criminal Case No. 2008-427, accused-appellant Dominador Ladra is found
guilty beyond reasonable doubt of the crime of Acts of Lasciviousness under Article
336 of the Revised Penal Code, as amended, in relation to Section 5 (b) of Republic
Act No. 7610 and, accordingly, sentenced to suffer the indeterminate prison term of
10 years and one (1) day of prision mayor, as minimum, to 17 years, four (4),
months and one (1) day of reclusion temporal, as maximum, and to pay private
complainant the amounts of P20,000.00 as civil indemnity, P15,000.00 as moral
damages, P15,000.00 as exemplary damages, and P15,000.00 as fine;
(3) Accused-appellant Dominador Ladra is ordered to pay the private complainant
interest on all monetary awards at the legal rate of six percent (6%) per annum
from the date of finality of this Decision until full payment.
SO ORDERED.