.·
Decision
- 11 -
G.R. No. 227363
Article 266(b) ·of the measure on sexual assault applies to this particular
provision.
Mr. Darnasing, at this point, inquired on the particular page where
Section 2 is located.
SUSPENSION OF SESSION
xx xx
INTERPELLATION OF MR. DAMASING
(Continuation)
Upon resumption of session, Mr. Apostol further expounded on
Sections 1 and 2 of the bill and differentiated rape from sexual assault. Mr.
Apostol pointed out that the main difference between the aforementioned
sections is that carnal knowledge or rape, under Section 1, is always with
the opposite sex. Under Section 2, on sexual assault, he explained that
such assault may be on the genitalia, the mouth, or the anus; it can be done
by a man against a woman, a man against a man, a woman against a
woman or a woman against a man. 20
Concededly, R.A. No. 8353 defined specific acts constituting acts of
lasciviousness as a. distinct crime of "sexual assault," and increased the
penalty thereof from prision correccional to prision mayor. But it was never
the intention of the legislature to redefine the traditional concept of rape. The
Congress merely upgraded the same from a "crime against chastity" (a
private crime) to a "crime against persons" (a public crime) as a matter of
policy and public interest in order to allow prosecution of such cases even
without the complaint of the offended party, and to prevent extinguishment
of criminal liability in such cases through express pardon by the offended
party. Thus, other forms of acts of lasciviousness or lascivious conduct
committed against a child, such as touching of other delicate parts other than
the private organ or kissing a young girl with malice, are still punished as
acts of lasciviousness under Article 336 of the RPC in relation to R.A. No.
7610 or lascivious conduct under Section 5 ofR.A. No. 7610.
of
committee
and
plenary
deliberations
of
Records
the House of Representative and of the deliberations of the Senate, as well as
the records of bicameral conference committee meetings, further reveal no
legislative intent for R.A. No. 8353 to supersede Section 5(b) of R.A. No.
7610. The only contentious provisions during the bicameral conference
committee meetings to reconcile the bills of the Senate and House of
Representatives which led to the enactment of R.A. No. 8353, deal with the
nature of and distinction between rape by carnal knowledge and rape by
sexual assault; the threshold age to be considered in statutory rape [whether
Journal of the House of Representatives, Unfinished Business: Second Reading of Committe~
Report No. 224 on House Bill No. 6265.
(/
20