In the present case, AAA was four years old at the time of the commission of the offense. Pursuant to the above-quoted provision of law, accused-appellant was aptly prosecuted under paragraph 2, Article 266-A of the RPC, as amended, for Rape Through Sexual Assault. However, instead of applying the penalty prescribed therein, which is prision mayor, considering that AAA was below twelve (12) years of age at the time of the commission of the offense, and considering further that accused-appellant's act of inserting his finger in AAA's private part undeniably amounted to lascivious conduct, the appropriate imposable penalty should be that provided in Section 5 (b), Article III of R.A. No. 7610, which is reclusion temporal in its medium period. Thus, as held in People v. Ching:53 The Court is not unmindful to the fact that the accused who commits acts of lasciviousness under Article [336 of the Revised Penal Code, as amended by R.A. No. 8353], in relation to Section 5 (b), Article 111 of R.A. No. 7610, suffers the more severe penalty of reclusion temporal in its medium period than the one who commits Rape Through Sexual Assault, which is merely punishable by prision mayor. This is undeniably unfair to the child victim. To be sure, it was not the intention of the franiers of R.A. No. 8353 to have disallowed the applicability of R.A. No. 7610 to sexual abuses committed to children. Despite the passage of R.A. No. 8353, R.A. No. 7610 is still good law, which must be applied when the victims arc children or those "persons below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition." Applying the Indeterminate Sentence Law, the maximum term of the indeterminate penalty shall be that which could be properly imposed under the law, which is fifteen (15) years, six (6) months and twenty (20) days of reclusion temporal. On the other hand, the minimum term shall be within the range of the penalty next lower in degree, which is reclusion temporal in its minimum period, or twelve (12) years and one (1) day to fourteen (14) years and eight (8) months.54 cralaw red Hence, accused-appellant should be meted the indeterminate sentence of twelve (12) years, ten (10) months and twenty-one (21) days of reclusion temporal, as minimum, to fifteen (15) years, six (6) months and twenty (20) days of reclusion temporal, as maximum. As to accused-appellant's civil liabilities, it is settled that an award of civil indemnity ex delicto is mandatory upon a finding of the fact of rape, and moral damages may be automatically awarded in rape cases without need of proof of mental and physical suffering.55 Exemplary damages are also called for, by way of public example, and to protect the young from sexual abuse.56 ChanRoblesVi rtua lawlib rary The RTC and the CA awarded in AAA's favor the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P30,000.00 as exemplary damages for the rape committed under paragraph 1 (d) of Article 266-A. In recent rulings of this Court,57 the amounts of civil indemnity, moral damages and exemplary damages have been increased in cases where the penalty for the crime committed is death which, however, cannot be imposed because of RA 9346. In the most recent case of People v. Ireneo Jugueta,58 the increase in the amounts of civil indemnity, moral damages and exemplary damages has been explained in detail. As it now stands, in cases of simple or qualified rape, among others, where the imposable penalty is death but the same is