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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