Decision
G.R. No. 227363
- 29 -
perpetua under Article 266-B of the RPC, or even the death penalty if the
victim is ( 1) under 18 years of age and the offender is a parent, ascendant,
step-parent, guardian, relative by consanguinity or affinity within the third
civil degree, or common-law spouse of the parent of the victim; or (2) when
the victim is a child below 7 years old.
It is basic in statutory construction that in case of irreconcilable
conflict between two laws, the later enactment must prevail, being the more
recent expression of legislative will. 72 Indeed, statutes must be so construed
and harmonized with other statutes as to form a uniform system of
jurisprudence, and if several laws cannot be harmonized, the earlier statute
must yield to the later enactment, because the later law is the latest
expression of the legislative will. 73 Hence, Article 266-B of the RPC must
prevail over Section 5(b) ofR.A. No. 7610.
In sum, the following are the applicable laws and penalty for the
crimes of acts of lasciviousness or lascivious conduct and rape by carnal
knowledge or sexual assault, depending on the age of the victim, in view of
the provisions of paragraphs 1 and 2 of Article 266-A and Article 336 of the
RPC, as amended by R.A. No. 8353, and Section 5(b) ofR.A. No. 7610:
Designation of the Crime & Imposable Penalty
~
Under 12 years old
or demented
.
Acts of
Lasciviousness
committed against
children exploited in
prostitution or other
sexual abuse
72
73
Acts of
Lasciviousness
under Article 336
of the RPC in
relation to Section
5(b) ofR.A. No.
7610: reclusion
temporal in its
medium period
12 years old or
below 18, or 18
under special
circumstances 74
Lascivious
conduct75 under
Section 5(b) of
R.A. No. 7610:
reclusion temporal
in its medium
period to reclusion
perpetua
18 years old and
above
Not applicable
Republic of the Philippines v. Yahon, 736 Phil. 397, 410 (2014).
Id. at 41 0-411.
74
The "children" refers to a person 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 ofa physical or mental disability or condition. [Section 3(a), R.A. No. 7610]
"Child" shall refer to a person below eighteen (18) years of age or one over said age and who,
upon evaluation of a qualified physician, psychologist or psychiatrist, is found to be incapable of taking
care of himself fully because of a physical or mental disability or condition or of protecting himself from
abuse. [Section 2(a), Rules and Regulations on the Reporting and Investigation of Child Abuse Cases]
75
"Lascivious condu~t'' means the intentional touching, either directly or through clothing, of the
genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia,
anus or mouth, of any person, whether of the same or opposite sex, with an intent to abuse, humiliate,
harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious
exhibition of the genitals or pubic area of a person. [Section 2(h), Rules and Regulations on the Reporting
and lnvo,dgat;on ofChHd Abu'e C"e']
7
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