To reiterate, a child is deemed subjected to other sexual abuse when the child indulges
in lascivious conduct under the coercion or intimidation,45 or influence of any adult.46
Force or intimidation in cases involving prosecutions for Rape and Acts of
Lasciviousness is defined as "power, violence or constraint exerted upon or against a
person."47 In People v. Maceda,48 the Court explained the standards for evaluating the
force or intimidation employed in rape, which equally applies to Acts of Lasciviousness49
as well as violation of Section 5 (b), Article III of RA 7610:50
[I]t is not necessary that the force and intimidation employed in accomplishing it be so
great or of such character as could not be resisted. It is only necessary that the
force or intimidation be sufficient to consummate the purpose which the
accused had in mind. The intimidation must be judged in the light of the
victim's perception and judgment at the time of the commission of the crime,
and not by any hard and fast rule.51 (Emphasis and underscoring supplied)
The allegation that Fianza committed lascivious conduct by forcing AAA to masturbate
his penis was sufficient to apprise him of the nature of the criminal act with which he
was charged to enable him to prepare his defense. Contrary to his protestations, the
Informations sufficiently alleged the second element of sexual abuse, albeit not
employing the exact language of the law, i.e., that the lewd acts being complained of
were performed with a child exploited in prostitution or subjected to other sexual
abuse.
Notably, Fianza failed to refute AAA's claim that she was compelled to do as he
instructed because he threatened to humiliate her and her family.52 In Amployo v.
People,53 a case involving a similar prosecution for lascivious conduct committed on an
eight-year-old minor, the Court held that intimidation need not necessarily be
irresistible, especially in the case of young girls, thus:
chanRoblesvirt ual Lawlib rary
[I]ntimidation need not necessarily be irresistible. It is sufficient that some
compulsion equivalent to intimidation annuls or subdues the free exercise of
the will of the offended party. This is especially true in the case of young, innocent
and immature girls who could not be expected to act with equanimity of disposition and
with nerves of steel. Young girls cannot be expected to act like adults under the same