An Act Providing for Stronger Deterrence and Special Protection against Child Abust, Exploitation, and Discrimination and for Other Purposes. [1] [2] The Anti-Rape Law of 1997. [3] PO3 Sombilon, Jr. v. People of the Philippines, 617 Phil. 187 (2009). [4] Olivarez v. Court of Appeals, 503 Phil. 421 (2005). Record of the Senate, Vol. 1, No.7, pp. 261-263, cited in People v. Larin, 357 Phil. 987 (1998). [5] [6] Dela Chica v. Sandiganbayan, 462 Phil. 712, 719 (2003). Citations omitted. [7] 467 Phil. 253 (2004), citing People v. Corral, 446 Phil. 652 (2003). Section 4, in relation to Section 5, Rule 120 of the Rules of Criminal Procedure, provides: [8] SEC. 4. Judgment in case of variance between allegation and proof. - When there is a variance between the offense charged in the complaint or information and that proved, and the offense as charged is included in or necessarily includes the offense proved, the accused shall be convicted of the offensed proved which is included in the offense charged, or of the offense charged which is included in the offense proved. SEC. 5. When an offense includes or is included in another. - An offense charged necessarily includes the offense proved when some of the essential elements or ingredients of the former, as alleged in the complaint or information, constitute the latter. And an offense charged is necessarily included in the offense proved, when the essential ingredients of the former constitute or form part of those constituting the latter. SEPARATE CONCURRING OPINION PERALTA, J.: I agree with the ponencia in affirming the conviction of petitioner Eduardo Quimvel y Braga for Acts of Lasciviousness under Article 336 of the Revised Penal Code (RPC), in relation to Section 5(b),[1] Article III of Republic Act (R.A.) No. 7610,[2] and I have decided to expound more on the applicable laws and imposable

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