a. By using force or intimidation; or
b. When the offended party is deprived of reason or otherwise unconscious; or
c. When the offended party is under 12 years of age; and
(3) That the offended party is another person of either sex.
Article 339 of the RPC likewise punishes acts of lasciviousness committed with the
consent of the offended party if done by the same persons and under the same
circumstances mentioned in Articles 337 and 338 of the RPC, to wit:
1. if committed against a virgin over twelve years and under eighteen years of age
by any person in public authority, priest, home-servant, domestic, guardian,
teacher, or any person who, in any capacity, shall be entrusted with the education
or custody of the woman; or
2. if committed by means of deceit against a woman who is single or a widow of
good reputation, over twelve but under eighteen years of age.
Therefore, if the victim of the lascivious acts or conduct is over 12 years of age and
under eighteen (18) years of age, the accused shall be liable for:
1. Other acts of lasciviousness under Art. 339 of the RPC, where the victim is a
virgin and consents to the lascivious acts through abuse of confidence or when the
victim is single or a widow of good reputation and consents to the lascivious acts
through deceit, or;
2. Acts of lasciviousness under Art. 336 if the act of lasciviousness is not covered by
lascivious conduct as defined in R.A. No. 7610. In case the acts of lasciviousness is
covered by lascivious conduct under R.A. No. 7610 and it is done through coercion
or influence, which establishes absence or lack of consent, then Art. 336 of the RPC
is no longer applicable
3. Section 5(b), Article III of R.A. No. 7610, where there was no consent
on the part of the victim to the lascivious conduct, which was done through
the employment of coercion or influence. The offender may likewise be
liable for sexual abuse under R.A. No. 7610 if the victim is at least eighteen
(18) years 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.
Article 226-A, paragraph 2 of the RPC, punishes inserting of the penis into another
person's mouth or anal orifice, or any instrument or object, into the genital or anal
orifice of another person if the victim did not consent either it was done through
force, threat or intimidation; or when the victim is deprived of reason or is
otherwise unconscious; or by means of fraudulent machination or grave abuse of
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