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conduct when the victim is under twelve (12) years of age shall
be reclusion temporal in its medium period; x x x
Pursuant to the foregoing, the penalty for lascivious conduct when the victim is
under 12 years of age is reclusion temporal in its medium period, which ranges from
14 years, eight months and one day to 17 years and four months. Applying the
Indeterminate Sentence Law, the penalty next lower to the statutory penalty is
reclusion temporal in its minimum period (i.e., 12 years and one day to 14 years and
eight months). Due to the absence of modifying circumstances, the statutory penalty
is imposed in its medium period (i.e., 15 years, six months and 21 days to 16 years,
five months and 10 days).
The gravity of the imposable penalty serves the declared policy of the State
expressed in Section 2 of Republic Act No. 7610, viz.:
Section 2. Declaration of State Policy and Principles. - It is hereby
declared to be the policy of the State to provide special protection 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. The State shall intervene on behalf
of the child when the parent, guardian, teacher or person having care or
custody of the child fails or is unable to protect the child against abuse,
exploitation and discrimination or when such acts against the child are
committed by the said parent, guardian, teacher or person having care
and custody of the same.
It shall be the policy of the State to protect and rehabilitate children
gravely threatened or endangered by circumstances which affect or will
affect their survival and normal development and over which they have
no control.
The best interests of children shall be the paramount consideration in all
actions concerning them, whether undertaken by public or private social
welfare institutions, courts of law, administrative authorities, and
legislative bodies, consistent with the principle of First Call for Children as
enunciated in the United Nations Convention of the Rights of the Child.
Every effort shall be exerted to promote the welfare of children and
enhance their opportunities for a useful and happy life.
The CA affirmed the imposition of the indeterminate sentence of 12 years and one
day of reclusion temporal in its minimum period as the minimum to 15 years, six
months and 20 days of reclusion temporal in its medium period as the maximum.
However, the maximum of the indeterminate sentence was short by one day, with
the effect of imposing the legal penalty in its minimum period. We correct the
penalty as a matter of course by fixing the indeterminate sentence of the petitioner
at 12 years and one day of reclusion temporal in its minimum period, as the
minimum, to 15 years, six months and 21 days of reclusion temporal in its medium
4/21/2020, 9:25 AM