Decision
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G.R. No. 227363
336 of the RPC would defeat the purpose of R.A. No. 7610 to provide for
stronger deterrence and special protection against child abuse, exploitation
and discrimination. First, the imposition of such penalty would erase the
substantial distinction between acts of lasciviousness under Article 336 and
acts of lasciviousness with consent of the offended party under Article 339,97
which used to be· punishable by arresto mayor, and now by prisi6n
correccional pursuant to Section 10, Article VI ofR.A. No. 7610. Second, it
would inordinately put on equal footing the acts of lasciviousness committed
against a child and the same crime committed against an adult, because the
imposable penalty for both would still be prisi6n correccional, save for the
aggravating circumstance of minority that may be considered against the
perpetrator. Third, it would make acts of lasciviousness against a child a
probationable offense, pursuant to the Probation Law of 1976,98 as amended
by R.A. No. 10707. 99 Indeed, while the foregoing implications are favorable
to the accused, they are contrary to the State policy and principles under
R.A. No. 7610 and the Constitution on the special protection to children.
Justice Caguioa also faults that a logical leap was committed when the
ponencia posited that the Section 10, Article VI, R.A. No. 7610 amendment
of the penalties under Articles 337, 339, 340 and 341 of the RPC, also
affected Article 336 on acts of lasciviousness. He argues that given the clear
import of Section 10 to the effect that the legislature expressly named the
provisions it sought to amend through R.A. No. 7610, amendment by
implication cannot be insisted on.
We disagree. Articles 337 (Qualified Seduction), 339 (Acts of
Lasciviousness with the Consent of the Offended Party), 340 (Corruption of
Minor) and 341 (White Slave Trade) of the RPC, as well as Article 336
(Acts of Lasciviousness) of the RPC, fall under Title Eleven of the RPC on
Crimes against Chastity. All these crimes can be committed against children.
Given the policy of R.A. No. 7610 to provide stronger deterrence and special
97
ARTICLE 339. Acts of Lasciviousness with the Consent of the Offended Party. - The penalty of
arresto mayor shall be imposed to punish any other acts of lasciviousness committed by the same persons
and the same circumstances as those provided in Articles 337 and 338.
ARTICLE 337. Qualified Seduction. - The seduction of a virgin over twelve years and under
eighteen years of age, committed by any person in public authority, priest, house-servant, domestic,
guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of
the woman seduced, shall be punished by prisi6n correccional in its minimum and medium periods.
The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or
descendant, whether or not she be a virgin or over eighteen years of age.
Under the provisions of this Chapter, seduction is committed when the offender has carnal
knowledge of any of the persons and under the circumstances described herein.
ARTICLE 338. Simple Seduction. -The seduction ofa woman who is single or a widow of good
reputation, over twelve but under eighteen years of age, committed by means of deceit, shall be punished
by arresto mayor.
98
Presidential Decree No. 968.
99
An Act Amending Presidential Decree No. 968, otherwise known as the "Probation Law of 1976'',
as amended. Approved on November 26, 2015. Section 9 of the Decree, as amended, provides that the
benefits thereof shall not be extended to those "(a) sentenced to serve a maximum tenn of imprisonment of
more than six (6) years." Note: The duration of the penalty of prisi6n correccional is 6 months and I day to
6 years.
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