included in rape, the offense charged. Consequently, the accused was sentenced to suffer the penalty of reclusion perpetua. In this case, for the crime of sexual assault, the lower courts sentenced accusedappellant to suffer an indeterminate penalty of four (4) years and two (2) months of prision correccional, as minimum, to eight (8) years and one (1) day of prision mayor, as maximum. This Court, however, modified such penalty, and deemed it proper to impose the higher penalty of reclusion temporal in its medium period, to reclusion perpetua as provided in R.A. No. 7610. From the foregoing, it can be easily discerned that if the courts would not opt to impose the higher penalty provided in R.A. No. 7610 in cases of rape by sexual assault, wherein the victims are children, an accused who commits acts of lasciviousness under Article 336 of the RPC, in relation to Section 5 (b), Article III of R.A. 7610, suffers the more severe penalty of reclusion temporal in its medium period, than the one who commits rape by sexual assault which is punishable by prision mayor. Finally, I maintain my position in People v. Caoili that the insertion of the finger into the vagina constitutes rape through sexual intercourse and not rape by sexual assault. Rape by sexual assault is the act of "inserting the penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person."[42] Instrument is defined as "utensil or implement."[43] On the other hand, object is defined as "a discrete visible or tangible thing."[44] The finger, however, is neither an instrument nor an object. Stripped to its most basic definition, a finger is a body part. Consequently, applying the principle of expressio unius est exclusio alterius which means that the express mention of one thing excludes all others,[45] the insertion of the finger or any other body part into the genital or anal orifice of another person could not be properly categorized as rape by sexual assault. The basic difference between an instrument or object on the one hand and the finger or any body part on the other is that on account of its independent existence, the former, by itself, can be used in the dastardly act of assaulting another person; whereas the latter owes its function to the fact that it is attached to the body. For sure, a person would not go to the extent of cutting his finger and then use the severed finger to sexually assault another person. It is high time to revisit the archaic definition given to carnal knowledge, i.e., penile penetration, and acknowledge that the same may be accomplished in various ways: vaginal, oral, anal, and fingering. Intercourse means "physical sexual contact between individuals that involves the genitalia of at least one person."[46] Further, jurisprudence has consistently held that "the crux of carnal knowledge is sexual bodily connection."[47] From the foregoing definitions, the act of inserting the finger into the vagina already constitutes rape through sexual intercourse. Justice Marvic

Select target paragraph3