-9-
Decision
G.R. No. 234841
as penalized under Article 336 of the RPC must be met in addition to the
requisites for sexual abuse under Section 5(b), Article III of R.A. No. 7610,
namely:
1.
That the offender commits any act of lasciviousness or lewdness;
2.
That it is done under any of the following circumstances:
a)
Through force, threat, or intimidation;
b)
When the offended party is deprived of reason or otherwise
unconscious;
c)
By means of fraudulent machination or grave abuse of
authority;
d)
When the offended party is under twelve (12) years of age
or is demented, even though none of the circumstances
mentioned above be present; x x x
3.
[That said act is performed with a child exploited in prostitution or
subjected to other sexual abuse; and
4.
That the offended party is a child, whether male or female, below
18 years of age.] 28 (Citation omitted.)
A review of the evidence presented by the prosecution reveals that the
elements enumerated above were sufficiently established. First, through the
credible testimony of AAA, the prosecution was able to show that Manuel
committed lascivious conduct against AAA when he forced her to lie on the
floor, embraced her tightly, put his hand inside her shorts and panty, and
inserted his finger inside her vagina, moving it in and out for about five ( 5)
minutes. As the trial court observed, AAA was able to narrate in detail how
each of the incidents was done to her by her very own father, viz.:
Q:
A:
28
So, noong August 27, 2013, mga alas-6:00 ng umaga, nasaan ka
noon?
Nasa bahay po.
Q:
A:
Anong ginagawa mo noong mga oras na iyon?
Gising na po kami noon, babangon na po kami. Yung mama ko po
nasa baba nag-aasikaso po, tapos kasama ko po si [baby] girl at
saka po yung papa ko. Bababa na po sana kami hinawakan po kami
sa kamay.
Q:
A:
Ngayon ang sabi mo nasa baba si mama mo. So, may taas yung
bahay ninyo?
Opo.
Q:
A:
So, sino yung nandoon sa itaas noong panahon na yon?
Si papa po, ako at saka si baby girl po.
Id. at 224-225.
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