.
Decision
Sexual Assault
committed against
children exploited in
prostitution or other
sexual abuse
Sexual Intercourse
committed against
children exploited in
prostitution or other
sexual abuse
Rape by carnal
knowledge
Rape by Sexual
Assault
G.R. No. 227363
- 30 -
Sexual Assault
under Article 266A(2) of the RPC in
relation to Section
5(b) ofR.A. No.
7610: reclusion
temporal in its
medium period
Lascivious Conduct
under Section 5(b)
ofR.A. No. 7610:
reclusion temporal
in its medium
period to reclusion
perpetua
Not applicable
Not applicable
Rape under Article Sexual Abuse 77
266-A(l) of the
under Section 5(b)
of R.A. No. 7610:
RPC: reclusion
reclusion temporal
perpetua, except
when the victim is in its medium
below 7 years old
period to reclusion
perpetua
in which case
death penalty shall
be imposed 76
Rape under Article Rape under Article
Rape under Article
266-A( 1) in relation 266-A(l) of the
266-A(l) in
. relation to Art.
to Art. 266-B of the RPC: reclusion
266-B of the RPC: RPC: reclusion
perpetua
reclusion
perpetua
perpetua, except
when the victim is
below 7 years old
in which case
death penalty shall
be imposed
Sexual Assault
Lascivious Conduct Sexual Assault
under Article 266under Article 266- under Section S(b)
A(2) of the RPC in of R.A. No. 7610:
A(2) of the RPC:
relation to Section reclusion temporal prision mayor
5(b) of R.A. No.
in its medium
period to reclusion
7610: reclusion
temporal in its
perpetua
medium period
For the crime of acts of lasciviousness or lascivious conduct, the
nomenclature of the crime and the imposable penalty are based on the
guidelines laid down in Caoili. For the crimes of rape by carnal knowledge
and sexual assault under the RPC, as well as sexual intercourse committed
against children under R.A. No. 7610, the designation of the crime and the
imposable penalty are based on the discussions in Dimakuta, 78 Quimvef 9
and Caoili, in line with the policy of R.A. No. 7610 to provide stronger
7('
Subject to R.A. No. 9346 entitled "An Act Prohibiting the Imposition of Death Penalty in the
Philippines."
77
"Sexual abuse" includes the employment, use, persuasion, inducement, enticement or coercion of
a child to engage in or assist another person to engage in, sexual intercourse or lascivious conduct or the
molestation, prostitution, or incest with children. [Section 3(g) of the Rules and Regulations on the
Reporting and Investigation of Child Abuse Cases]
78
Supra note 22.
~
79
Supra note 35; penned by Associate Justice Presbitero J. Velasco, Jr.
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