The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: xxxx (b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period. [13] Article 266-A. Rape, When and How Committed. — Rape is committed — xxx 2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person. [14] G.R. No. 206513, October 20, 2015, 733 SCRA 228. See Separate Concurring Opinion of Justice Diosdado M. Peralta in Quimvel v. People, G.R No. 214497, April 18, 2017. [15] [16] 661 Phil. 208, 224 (2011). [17] G.R. Nos 196342 and 196848, August 8, 2017. [18] Records, p. 52; Date of Birth: September 12, 1986. [19] Supra. [T]he intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia, anus or mouth, of any person, whether of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person. [20] [21] Quimvel v. People, supra note 15.

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