intimidated into lascivious conduct, not necessarily for money or profit. The law
covers not only child prostitution but also other forms of sexual abuse. x x x
Accordingly, a modification of the penalty imposed by the RTC in Criminal Case No.
2757-M-2005 is in order.
The proper imposable penalty for acts of lasciviousness under the circumstances is
reclusion temporal in its medium period which ranges from fourteen (14) years,
eight (8) months, and one (1) day to seventeen (17) years and four (4) months.
The Indeterminate Sentence Law (ISL) provides that if the offense is punished
under a special law, as in this case, the maximum term shall not exceed the
maximum fixed by said law and the minimum shall not be less than the minimum
term prescribed by the same.[29] Nonetheless, the Court had already held in People
v. Simon[30] that when an offense is defined in a special law but the penalty therefor
is taken from the technical nomenclature in the RPC, the legal effects under the
system of penalties native to the Code would necessarily apply to the special law.
Thus, in People v. Santos,[31] which also involved a case of acts of lasciviousness
under Sec. 5 (b), Art. III of RA 7610, the Court held that in the absence of
mitigating or aggravating circumstances, the minimum term shall be taken from the
penalty one degree lower to the prescribed penalty of reclusion temporal medium,
that is reclusion temporal minimum, which ranges from twelve (12) years, ten (10)
months and twenty-one (21) days to fourteen (14) years and eight (8) months,
while the maximum shall be taken from the medium period of the imposable
penalty, that is reclusion temporal medium, which ranges from fifteen (15) years,
six (6) months and twenty (20) days to sixteen (16) years, five (5) months and
nine (9) days.
Applying the foregoing, in Criminal Case No. 2757-M-2005, Padlan is hereby
sentenced to an indeterminate penalty of imprisonment of twelve (12) years, ten
(10) months and twenty-one (21) days of reclusion temporal, as minimum, to
fifteen (15) years, six (6) months and twenty (20) days of reclusion temporal, as
maximum. Furthermore, Padlan is ordered to pay the victim, "AAA," the amounts of
P20,000.00 as civil indemnity; P15,000.00 as moral damages; P15,000.00 as
exemplary damages; and a fine of P15,000.00 in line with prevailing
jurisprudence.[32]
Finally, as to the award of damages in Criminal Case Nos. 2755-M-2005 and 2756M-2005 for the crime of rape, the Court increases the same in line with the rule
enunciated in People v. Jugueta[33] where the Court held that in the crime of rape
where the imposable penalty is reclusion perpetua, the proper amounts of damages
should be P75,000.00 as civil indemnity, P75,000.00 as moral damages and
P75,000.00 as exemplary damages. Hence in Criminal Case Nos. 2755-M-2005 and