Decision
12
G.R. No. 235662
The death penalty shall also be imposed if the crime of rape is
committed with any of the following aggravating/qualifying circumstances:
1) When the victim is under eighteen (18) years of age and the
offender is a parent, ascendant, step-parent, guardian, relative by
consanguinity or affinity within the third civil degree, or the common-law
spouse of the parent of the victim;
By virtue of RA 9346, however, the death penalty is reduced to
reclusion perpetua.
Appellant is liable for Pl 00,000.00 as civil indemnity, Pl 00,000.00 as
moral damages, and Pl00,000.00 as exemplary damages for each count of
qualified rape in conformity with prevailing jurisprudence. 34
Appellant is guilty of
lascivious conduct in
Criminal Case No. 08-0630-2013
The elements of sexual abuse under Section 5(b) of RA No. 7610 are as
follows: 1) the accused commits the act of sexual intercourse or lascivious
conduct; 2) the said act is performed with a child exploited in prostitution or
subjected to other sexual abuse; and 3) the child, whether male or female, is
below 18 years of age. 35
!
"Lascivious conduct" means the intentional touching, either directly or
through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks,
or the introduction of any object into the genitalia, anus or mouth, of any
person, whether of the same or opposite sex, with an intent to abuse, humiliate,
harass, degrade, or arouse or gratify the sexual desire of any person, bestiality,
masturbation, lascivious exhibition of the genitals or pubic area of a person. 36
Meanwhile, "Sexual abuse" includes the employment, use, persuasion,
inducement, enticement or coercion of a child to engage in, or assist another
person to engage in, sexual intercourse or lascivious conduct or the
molestation, prostitution, or incest with children. 37
34
People v. Jugueta, 783 Phil. 806, 848 (2016):
XXX
II. For Simple Rape/Qualified Rape:
1.1 Where the penalty imposed is Death but reduced to reclusion perpetua because of RA 9346:
Private parts
Civil indemnity-PI00,000.00
Moral damages - Pl00,000.00
Exemplary damages - PJ00,000.
35
Roal/as v. People, 723 Phil. 655, 667-668 (2013).
36
Pursuant to Sec. 32 of RA No. 7610, Rules and Regulations on the Reporting and Investigation of Child
Abuse Cases.
37 id.
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