proved were the essential elements of Article 336: that (1) Quimvel committed an
act of lasciviousness or lewdness by caressing AAA's vagina; (2) he committed the
said act against AAA; and (3) the said act was done while AAA, a 7-year-old, was
asleep.
I vote to convict Quimvel only of acts of lasciviousness and impose upon him the
penalty of prision correccional under Article 336 of the RPC.
[1]
Decision, p. 2.
[2]
Decision, p. 3.
[3]
With modification as to the amount of damages; Decision, p. 4.
[4]
Decision, p. 4.
See People v. Abello, 601 Phil. 373, 393 (2009); an extended discussion of
Abello is found in pages 9-10.
[5]
[6]
J. Carpio Separate Opinion, p. 5.
Record of the Senate, Vol. III, No. 104, March 19, 1991, p. 1204; emphasis and
underscoring supplied.
[7]
[8]
272 Phil. 532 (1991).
[9]
Id. at 563-564, 569-570; emphasis and underscoring supplied.
Record of the Senate, Vol. I, No. 7, August 1, 1991, pp. 264-265; emphasis and
underscoring supplied.
[10]
Record of the Senate, Vol. II, No. 58, December 2, 1991, pp. 793-794;
emphasis and underscoring supplied.
[11]
[12]
Underscoring supplied.
[13]
People v. Abello, supra note 5, at 392.
[14]
N.B. On the provisions relating to attempt to commit child prostitution.
Record of the Senate, Vol. IV, No. 116, May 9, 1991, pp. 334-335; emphasis
and underscoring supplied.
[15]
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