to fourteen (14) years and eight (8) months.
Hence, from the foregoing, the penalty imposed by the CA, which is thirteen (13)
years, nine (9) months and eleven (11) days of reclusion temporal in its minimum
period, as minimum, to sixteen (16) years, five (5) months and nine (9) days of
reclusion temporal in its medium period, as maximum, should be modified to
conform to prevailing jurisprudence. Accordingly, the minimum prison term is
reduced to twelve (12) years and one (1) day, while the maximum term is likewise
reduced to fifteen (15) years, six (6) months and twenty-one (21) days
Finally, in light of this Court's recent ruling in People v. Caoili,[44] where the accused
was found guilty of lascivious conduct under Section 5(b) of RA 7610, committed
against a fourteen (14)- year-old minor, and was meted the maximum penalty of
reclusion perpetua, as opposed to the present case where the victim is only four (4)
years old and the imposable penalty under existing law is only reclusion temporal in
its medium period, it bears to reiterate the present ponente's disquisition m his
Separate Concurring Opinion in Quimvel,[45] to wit:
Having in mind the State policies and principles behind R.A. 7610 (Special
Protection of Children Against Abuse, Exploitation, and Discrimination Act) and R.A.
8353 (Anti-Rape Law of 1997), as well as the statutory construction rules that
penal laws should be strictly construed against the state and liberally in favor of the
accused, and that every law should be construed in such a way that it will
harmonize with existing laws on the same subject matter, I submit that the
following are the applicable laws and imposable penalties for acts of lasciviousness
committed against a child under Article 336 of the RPC, in relation to R.A. 7610:
1. Under 12 years old - Section 5(b), Article III of R.A. 7610, in relation to Article
336 of the RPC, as amended by R.A. 8353, applies and the imposable penalty is
reclusion temporal in its medium period, instead of prision correccional. In People v.
Fragante, Imbo v. People of the Philippines, and People of the Philippines v. Santos,
the accused were convicted of acts of lasciviousness committed against victims
under 12 years old, and were penalized under Section 5(b), Article III of R.A. 7
610, and not under Article 336 of the RPC, as amended.
2. 12 years old and below 18, or 18 or older under special circumstances
under Section 3(a) of R.A. 7610 - Section 5(b), Article III of R.A. 7610 in
relation to Article 336 of the RPC, as amended, applies and the penalty is reclusion
temporal in its medium period to reclusion perpetua. This is because the
proviso under Section 5(b) appl[ies] only if the victim is under 12 years old, but
silent as to those 12 years old and below 18; hence, the main clause thereof still
applies in the absence of showing that the legislature intended a wider scope to
include those belonging to the latter age bracket. The said penalty was applied in