E-Library - Information At Your Fingertips: Printer Friendly 9 of 14 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62543 tenet? There is only one way. A judge must keep an open mind. He must guard against slipping into hasty conclusion, often arising from a desire to quickly finish the job of deciding a case. A positive declaration from a witness that he saw the accused commit the crime should not automatically cancel out the accused's claim that he did not do it. A lying witness can make as positive an identification as a truthful witness can. The lying witness can also say as forthrightly and unequivocally, [']He did it!['] without blinking an eye."[38] On the Element of Lewdness A thorough review of the records leads this Court to conclude that accused-appellant entered the room with lustful intentions of a sexual partner that, what he thought, were also shared by Jacqueline. Jurisprudence[39] defines "lewd" as obscene, lustful, indecent, lecherous, a form of immorality that has relation to moral impurity, or that which is carried on a wanton manner. Such definition of "lewd" leaves Us with the question of "Are all lewd acts punishable?" The precise definition of the crime of Acts of Lasciviousness in Art. 336 of the RPC provides the answer, i.e., that the lascivious act or lewdness must be under any of the circumstances provided for under Art. 335 of the RPC.[40] Indeed, as discussed in Amployo v. People:[41] The term "lewd" is commonly defined as something indecent or obscene; it is characterized by or intended to excite crude sexual desire. That an accused is entertaining a lewd or unchaste design is necessarily a mental process the existence of which can be inferred by overt acts carrying out such intention, i.e., by conduct that can only be interpreted as lewd or lascivious. The presence or absence of lewd designs is inferred from the nature of the acts themselves and the environmental circumstances. What is or what is not lewd conduct, by its very nature, cannot be pigeonholed into a precise definition. xxx (Citations omitted) Further on the point, the earlier case of United States v. Gomez[42] said: It would be' somewhat difficult to lay down any rule specifically establishing just what conduct makes one amenable to the provisions of [Article] 439 of the Penal Code. What constitutes lewd or lascivious conduct must be determined from the circumstances of each case. It may be quite easy to determine in a particular case that certain acts are lewd and lascivious, and it may be extremely difficult in another case to say just where the line of demarcation lies between such conduct and the amorous advances of an ardent lover. xxx. Given that the delineation is highly dependent on the surrounding circumstances, courts must be vigilant in appreciating the circumstances, as these factors spell the 4/21/2020, 9:21 AM