47 See People v. Balquedra, 693 Phil. 125, 134 (2012). 48 405 Phil. 698 (2001). 49 Under Article 336 of the RPC, the acts of lasciviousness must be committed under any of the circumstances mentioned in the definition of the crime of rape. See also LUIS B. REYES, THE REVISED PENAL CODE: CRIMINAL LAW, BOOK TWO 919 (2012 edition). 50 See People v. Abello, 601 Phil. 373, 393 (2009). 51People v. Maceda, supra note 48, at 721, citing People v. Moreno, 356 Phil. 231 (1998). 52 See AAA's Sworn Statement dated February 9, 2011 taken during the investigation before the San Nicolas Police Station, San Nicolas, Pangasinan (Records, Vol. I, pp. 45), the truth and veracity of which she confirmed before the RTC (see TSN, November 8, 2011, p. 22). 53 Supra note 20, at 759. 54 Id. 55 There is a 24 year age gap between Fianza and AAA, more or less (see footnote 37). Fianza was 37 years old when he testified on February 21, 2012 (see TSN, February 21, 2012, p. 38), while AAA's mother was 38 when she testified on August 16, 2011 (see TSN, August 16, 2011, p. 4). 56 See People v. Subesa, 676 Phil. 403, 414 (2011). 57 The penalty for violation of Section 5 (b), Article III of RA 7610 is reclusion temporal in its medium period which ranges from fourteen (14) years, eight (8) months, and one (1) day to seventeen (17) years and four (4) months. Applying the Indeterminate Sentence Law, the minimum of the penalty should be taken from reclusion temporal in its minimum period, or anywhere from twelve (12) years and one (1) day to fourteen