each offense, setting out separately the findings of feet and law in each offense."48 Consequently, since accused-appellant failed to file a motion to quash the Information, he can be convicted with two counts of rape. As to the penalty for the rape committed by accused-appellant under paragraph 1 (d), Article 266-A of the RPC, as amended, Article 266-B of the same Code provides that the death penalty shall be imposed if the victim is a child below seven years old. However, following Republic Act No. 9346 (RA 9346),49 the RTC, as affirmed by the CA, correctly imposed upon accused-appellant the penalty of reclusion perpetua in lieu of death, but it should be specified that it is without eligibility for parole,50 as the RTC did not state it in the dispositive portion of its Decision. With respect to the penalty for rape through sexual assault under paragraph 2, Article 266-A of the RPC, it is undisputed that at the time of the commission of the sexual abuse, AAA was four (4) years old. This calls for the application of Republic Act No. 7610 (R.A. 7610), or The Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act, which defines sexual abuse of children and prescribes the penalty therefor in Section 5 (b), Article 111, to wit: SEC. 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. chanRoblesvirt ual Lawlib rary The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: xxxx chanRoblesvi rtual Lawli bra ry (b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected 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.51 cralawred The abovequoted paragraph (b) punishes sexual intercourse or lascivious conduct not only with a child exploited in prostitution, but also with a child subjected to other sexual abuses. It covers not only a situation where a child is abused for profit, but also where one - through coercion, intimidation or influence - engages in sexual intercourse or lascivious conduct with a child. In connection with the above provision of law, Section 2 (h) of the Rules and Regulations on the Reporting and Investigation of Child Abuse Cases,52 which was promulgated pursuant to Section 32 of R.A. No. 7610, defines "Lascivious conduct" as: [T]he intentional touching, either directly or through clothing, of the genilalia, 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. chanRoblesvirt ual Lawlib rary cralawred

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