Decision
- 15 -
G.R. No. 227363
7610," and the imposable penalty is reclusion temporal in its medium
period to reclusion perpetua. 28
Based on the Caoili2 9 guidelines, it is only when the victim of the
lascivious conduct is 18 years old and above that such crime would be
designated as "Acts of Lasciviousness under Article 336 of the RPC" with
the imposable penalty of prision correccional.
Considering the development of the crime of sexual assault from a
mere "crime against chastity" in the form of acts of lasciviousness to a
"crime against persons" akin to rape, as well as the rulings in Dimakuta and
Caoili, We hold that if the acts constituting sexual assault are committed
against a victim under 12 years of age or is demented, the nomenclature of
the offense should now be "Sexual Assault under paragraph 2, Article 266-A
of the RPC in relation to Section 5(b) of R.A. No. 7610" and no longer
"Acts of Lasciviousness under Article 336 of the RPC in relation to Section
S(b) of R.A. No. 7610," because sexual assault as a form of acts of
lasciviousness is no longer covered by Article 336 but by Article 266-A(2)
of the RPC, as amended by R.A. No. 8353. Nevertheless, the imposable
penalty is still reclusion temporal in its medium period, and not prision
mayor.
Whereas if the victim is 12 years old and under 18 years old, or 18
years old and· above under special circumstances, the nomenclature of the
crime should be "Lascivious Conduct under Section 5(b) of R.A. No. 7610"
with the imposable penalty of reclusion temporal in its medium period to
reclusion perpetua, 30 but it should not make any reference to the provisions
of the RPC. It is only when the victim of the sexual assault is 18 years old
and above, and not demented, that the crime should be called as "Sexual
Assault under paragraph 2, Article 266-A of the RPC" with the imposable
penalty of prision mayor.
Sexual intercourse with a victim who is under 12 years old or is demented
is statutory rape
Under Section S(b) of R.A. No. 7610, the proper penalty when sexual
intercourse is committed with a victim who is under 12 years of age or is
demented is reclusion perpetua, pursuant to paragraph l(d), 31 Article 266-A
28
Id. at 153-154. (Emphasis added).
Supra note 27.
30
Id.
31
Article 266-A. Rape: When And How Committed - Rape is committed:
I) By a man who shall have carnal knowledge of a woman under any of the following
circumstances:
a) Through force, threat, or intimidation;
b) When the offended party is deprived ofreason or otherwise unconscious;
29
pr