I.
The CA erred in affirming the decision of the trial court as the prosecution was not
able to prove that he is guilty of the crime charged beyond reasonable doubt.
II.
Assuming without admitting that he is guilty hereof, he may be convicted only of
acts of lasciviousness under Art. 336 of the Revised Penal Code (RPC) and not in
relation to Sec. 5(b) of RA 7610.
The Court's Ruling
We affirm the CA's Decision finding petitioner guilty beyond reasonable doubt of the
crime of Acts of Lasciviousness as penalized under Sec. 5(b) of RA 7610.
The Information charged the crime of Acts of Lasciviousness under Sec.
5(b) of RA 7610
Petitioner contends that, granting without admitting that he is guilty of Acts of
Lasciviousness, he should only be held liable for the crime as penalized under the
RPC and not under RA 7610. According to him, to be held liable under the latter
law, it is necessary that the victim is involved in or subjected to prostitution or
other sexual abuse, and that the failure to allege such element constituted a
violation of his constitutional right to be informed of the nature and the cause of
accusation against him.[12]
His argument fails to persuade.
i. The acts constituting the offense must be alleged in the Information
It is fundamental that, in criminal prosecutions, every element constituting the
offense must be alleged in the Information before an accused can be convicted of
the crime charged. This is to apprise the accused of the nature of the accusation
against him, which is part and parcel of the rights accorded to an accused
enshrined in Article III, Section 14(2) of the 1987 Constitution.[13] Sections 6, Rule
110 of the Rules of Court, in turn, pertinently provides:
Section 6. Sufficiency of complaint or information. - A complaint or information is
sufficient if it states the name of the accused, the designation of the offense by the
statute, the acts or omissions complained of as constituting the offense; the
name of the offended party; the approximate time of the commission of the
offense, and the place wherein the offense was committed. (emphasis added)