abuse, R.A. 7 610 is a special law which should clearly prevail over R.A. 8353,
which is a mere general law amending the RPC.[46]
WHEREFORE, the instant petition is DENIED. The Decision of the Court of Appeals
in CA-G.R. CR-H.C. No. 06087, finding accused-appellant Edwin Dagsa y Bantas @
"Wing Wing" guilty beyond reasonable doubt of acts of lasciviousness under Article
336 of the Revised Penal Code in relation to Section 5(b) of RA 7610, is hereby
AFFIRMED with MODIFICATION by sentencing accused-appellant to an
indeterminate penalty of imprisonment 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-one (21) days of reclusion temporal in its medium period, as
maximum.
As reference for possible corrective legislation on the basis of the above
observations, let a Copy of this Decision be furnished the President of the Republic
of the Philippines, through the Department of Justice, pursuant to Article 5[47] of the
Revised Penal Code. Also, let a copy of this Decision be furnished the President of
the Senate and the Speaker of the House of Representatives.
SO ORDERED.
Carpio, (Chairperson), Perlas-Bernabe, and Reyes, Jr., JJ., concur.
Caguioa, J., subj. to dissent in Quimvel and separate opinion in Peo vs. Caoili.
Penned by Associate Justice Mario V. Lopez, with Associate Justices Jose C.
Reyes, Jr. and Socorro B. Inting, concurring; rollo, pp. 3-14.
[1]
[2]
Dated September 21, 2011 in some parts of the rollo and records.
[3]
Otherwise known as the "Anti-Rape Law of 1997".
Otherwise known as the "Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act".
[4]
[5]
Records, p. 1.
[6]
See RTC Order and Certificate of Arraignment, records, pp. 15 and 16.
[7]
Records, pp. 131-132.
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