Pursuant to Article 336 of the RPC, acts of lasciviousness is consummated when the following essential elements are present: (a) the offender commits any act of lasciviousness or lewdness upon another person of either sex; and (b) the act of lasciviousness or lewdness is committed either (i) by using force or intimidation; or (ii) when the offended party is deprived of reason or is otherwise unconscious; or (iii) when the offended party is under 12 years of age.49 As thus used, lewd is defined as obscene, lustful, indecent, lecherous; it signifies that form of immorality that has relation to moral impurity; or that which is carried on a wanton manner.50 All of these elements are present in the instant case. It is likewise undisputed that at the time of the commission of the lascivious act, AAA was six (6) years old which calls for the application of Section 5(b) of Republic Act No. 7610 defining sexual abuse of children and prescribing the penalty therefor, as follows: 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 or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse. The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: xx xx (b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subject to other sexual abuse; Provided, That when the [victim] is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is· under twelve (12) years of age shall be reclusion temporal in its medium period; xxx Apropos, Section 2(h) of the rules implementing R.A. 7610 defines lascivious conduct as: [T]he 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. (Emphasis supplied) In Quimvel v. People51, the Court En Banc pronounced that Section 5(b) covers not only a situation where a child is abused for profit but also one in which a child, through coercion, intimidation or influence, engages in sexual intercourse or lascivious conduct. Further, Quimvel instructs that the term "coercion and influence" as appearing under the law is broad enough to cover "force and intimidation". In this case, the Information specifically stated that: (a) AAA was a 6- year old minor at the time of the commission of the offense; (b) that petitioner inserted his finger into AAA's genitalia; and (c) petitioner employed force, threats and intimidation. At the trial it was established that petitioner committed a lewd act by fondling AAA's vagina who, at the time of the incident, was alleged and proved to be only 6 years old. Here, it was also established that AAA, being of tender age, knew and trusted petitioner who frequents their house being the best friend of her father, thus, satisfying the element of "influence" exerted by an adult which led AAA to indulge in lascivious conduct.

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