Decision
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G.R. No. 227363
a good law despite the enactment of R.A. No. 8353 for there is no
irreconcilable inconsistency between their provisions. When the lascivious
act is not covered by R.A. No. 8353, then Article 336 of the RPC is
applicable, except when the lascivious conduct is covered by R.A. No. 7610.
We are also not unmindful of the fact that the accused who commits
acts of lasciviousness under Article 336 of the RPC, in relation to Section 5
(b) ofR.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 prisi6n mayor.
In People v. Chingh, 142 We noted that the said fact is undeniably
unfair to the child victim, and it was not the intention of the framers of R.A.
No. 8353 to have disallowed the applicability of R.A. No. 7610 to sexual
abuses committed to children. We held that despite the passage of R.A. No.
8353, R.A. No. 7610 is still a good law, which must be applied when the
victims are 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." 143
In Dimakuta, We added that where the lascivious conduct is covered
by the definition under R.A. No. 7610, where the penalty is reclusion
temporal medium and the said act is, likewise, covered by sexual assault
under Art. 266-A, paragraph 2 of the RPC, which is punishable by prisi6n
mayor, the offender should be liable for violation of Section 5(b), Article III
of R.A. No. 7610, where the law provides the higher penalty of reclusion
temporal medium, if the offended party is a child. But if the victim is at
least eighteen ( 18) years of age, the offender should be liable under Art. 266A, par. 2 of the RPC and not R.A. No. 7610, unless the victim is at least 18
years old and she is unable to fully take care of herself or protect herself
from abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition, in which case, the offender may
still be held liable of sexual abuse under R.A. No. 7610. The reason for the
foregoing is that with respect to lascivious conduct, R.A. No. 7610 affords
special protection and stronger deterrence against child abuse, as compared
to R.A. No. 83.53 which specifically amended the RPC provisions on rape.
Finally, despite the enactment of R.A. No. 8353 more than 20 years
ago in 1997, We had been consistent in our rulings in Larin, Olivarez, and
Garingarao, Quimvel and Caoili, all of which uphold the intent of R.A. No.
7610 to provide special protection of children and stronger deterrence
against child abuse. Judicial stability compels to stand by, but not to
abandon, our sound rulings: [1] that Section 5(b), Article III of R.A. No.
142
143
66 I Phil. 208 (20 I I).
R.A. No. 7610, Art. I, Sec. 3(a).
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