imposition of the penalty of death, the imposable penalty for qualified rape under Article 266-B of the RPC. With respect to the award of damages, the Court affirms the modifications made by the CA as to the amounts awarded in Criminal Case No. 09-1119, in consonance with this Court's ruling in People v. Jugueta,[52] that AAA is entitled to P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages for the crime of qualified rape. As for Criminal Case Nos. 09-1118 and 09-1121, the Court agrees with the CA that the accused-appellant is guilty in both instances. To sustain a conviction under Section 5(b), Article III of RA No. 7610, the prosecution must establish the following elements: (1) the accused commits the act of sexual intercourse or lascivious conduct; (2) the said act is performed with a child exploited in prostitution or subjected to sexual abuse; and (3) the child, whether male or female, is below 18 years of age. In the present cases, the above elements were duly established by the prosecution. On two separate occasions, the accused-appellant was found to have subjected his 17-year old daughter, AAA, to sexual abuse and committed lascivious conduct against her, using his moral ascendancy or influence, in lieu of force or intimidation. On November 3, 2009, he was accused of sliding his hands under AAA's shirt and touching her breasts while they were inside their house when the other members of their family were sleeping. This reprehensible act was again repeated on November 5, 2009 when the accused-appellant touched AAA's vagina and would have proceeded to have carnal knowledge of her had not his other daughter awakened and called him out. However, there is a need to modify the nomenclature of the offenses and the damages imposed, in light of this Court's ruling in People v. Caoili,[53] to wit: Conversely, when the victim, at the time the offense was committed is aged twelve (12) years or over but under eighteen (18), or is eighteen (18) or older but unable to fully take care of herself/himself or protect himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition, the nomenclature of the offense should be Lascivious Conduct under Section 5(b) of R.A. No. 7610, since the law no longer refers to Article 336 of the RPC, and the perpetrator is prosecuted solely under R.A. No. 7610. xxxx