not have committed the crime in the presence of AAA's younger brother, who slept
beside her.[35] It cannot be denied that the presence of AAA's brother in the room
does not negate the commission of the crime. "Rape can be committed even in
places where people congregate, in parks, along the roadside, within school
premises, inside a house where there are other occupants, and even in the same
room where other members of the family are also sleeping. It is not impossible or
incredible for the members of the victim's family to be in deep slumber and not to
be awakened while a sexual assault is being committed. It is settled that lust is not
a respecter of time or place and rape is known to happen in the most unlikely
places."[36]
In view thereof, the courts a quo correctly found accused-appellant guilty of Rape
and sentenced him to suffer the penalty of reclusion perpetua. However, the Court
modifies the amounts of damages awarded conformably with prevailing
jurisprudence.[37] Accordingly, accused-appellant is ordered to pay AAA the amount
of P75,000.00 as moral damages, P75,000.00 as civil indemnity, and P75,000.00 as
exemplary damages.
In FC Criminal Case No. 2008-427, however, the Court disagrees with the CA's
affirmance of the RTC's finding that accused-appellant can only be held guilty of
Unjust Vexation. After a punctilious review of the evidence, the Court finds that he
should instead be convicted of Acts of Lasciviousness, as charged in the
information, in relation to Section 5 (b) of RA 7610.
Acts of Lasciviousness is defined and penalized under Article 336 of the RPC, which
reads:
Article 336. Acts of lasciviousness. - Any person who shall commit any act of
lasciviousness upon other persons of either sex, under any of the circumstances
mentioned on the preceding article, shall be punished by prision correccional.
Conviction for such crime requires the concurrence of the following elements: (a)
that te offender commits any act of lasciviousness or lewdness; (b) that it is done
under any of the following circumstances: (i) through force, threat, or intimidation,
(ii) when the offended party is deprived of reason or otherwise unconscious, (iii) by
means of fraudulent machination or grave abuse of authority, and (iv) when the
offended party is under twelve (12) years of age or is demented, even though none
of the circumstances mentioned above be present; and (c) that the offended party
is another person of either sex.[38]
Meanwhile, Section 5 (b) of RA 7610 provides:
Section 5. Child Prostitution and Other Sexual Abuse. - Children, whether male or
female, who for money, profit, or any other consideration or due to the coercion