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

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