,'
- 13 -
Decision
G.R. No. 227363
to children from all forms of abuse, neglect,. cruelty, exploitation and
discrimination, and other conditions prejudicial to their development;
provide sanctions for their commission and carry out a program for
prevention and deterrence of and crisis intervention in situations of child
abuse, exploitation, and discrimination. Besides, if it was the intention of
the framers of the law to make child offenders liable only of Article 266-A
of the RPC, which provides for a lower penalty than R.A. No. 7610, the
law could have expressly made such statements. 24
Meanwhile, if acts of lasciviousness or lascivious conduct are
committed with a child who is 12 years old or less than 18 years old, the
ruling in Dimakuta25 is also on point:
Under Section 5, Article III of R.A. No. 7610, a child is deemed
subjected to other sexual abuse when he or she indulges in lascivious
conduct under the coercion or influence of any adult. This statutory
provision must be distinguished from Acts of Lasciviousness under
Articles 336 and 339 of the RPC. As defined in Article 336 of the RPC,
Acts of Lasciviousness has the following elements:
(1) That the offender commits any act of lasciviousness or
lewdness;
(2) That it is
circumstances:
done under any of the
following
a. By using force or intimidation; or
b. When the offended party is deprived of
reason or otherwise unconscious; or
c. When the offended party is under 12
years of age; and
(3) That the offended party is another person of either sex.
Article 339 of the RPC likewise punishes acts of lasciviousness
committed with the consent of the offended party if done by the same
persons and under the same circumstances mentioned in Articles 337 and
338 of the RPC, to wit:
1. if committed against a virgin over twelve years and
under eighteen years of age by any person in public
authority, priest, home-servant, domestic, guardian, teacher,
or any person who, in any capacity, shall be entrusted with
the education or custody of the woman; or
2. if committed by means of deceit against a woman who is
single or a widow of good reputation, over twelve but
under eighteen years of age.
{Jf
24
25
Id. at 670-671.
Supra note 22.