. \ Decision - 59 - G.R. No. 227363 Senator Enrile. So, the distinction between rape as a crime, although now converted from a crime against chastity to a crime against persons, and seduction and act of lasciviousness would be maintained. Am I correct in this, Mr. President? Senator Shahani. That is correct, Mr. President. 128 In light of the foregoing disquisition, We hold that Tulagan was aptly prosecuted for sexual assault under paragraph 2, Article 266-A of the RPC in Criminal Case No. SCC-6210 because it was alleged and proven that AAA was nine (9) years old at the time he inserted his finger into her vagina. Instead of applying the penalty under Article 266-B of the RPC, which is prision mayor, the proper penalty should be that provided in Section 5(b ), Article III of R.A. No. 7610, which is reclusion temporal in its medium period. This is because AAA was below twelve ( 12) years of age at the time of the commission of the offense, and that the .act of inserting his finger in AAA's private part undeniably amounted to "lascivious conduct." 129 Hence, the proper nomenclature of the offense should be Sexual Assault under paragraph 2, Article.266-A of the RPC, in relation to Section 5(b), Article III ofR.A. No. 7610. Applying the Indeterminate Sentence Law, the maximum term of the indeterminate penalty shall be that which could be properly imposed under the law, which is fifteen (15) years, six (6) months and twenty (20) days of reclusion temporal. On the other hand, the minimum term shall be within the range of the penalty next lower in degree, which is reclusion temporal in its minimum period, or twelve (12) years and one (1) day to fourteen (14) years and eight (8) months. Hence, Tulagan should be meted the indeterminate sentence 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. In Criminal Case No. SCC-6211 for statutory rape, We affirm that Tulagan should suffer the penalty of reclusion perpetua in accordance with paragraph l(d), Article 266-A in relation to Article 266-B of the RPC, as amended by R.A. No. 8353. 128 Record of the Senate, Bill on Second Reading, S. No. 950 - Special Law on Rape, July 29, 1996. Section 3(h) of R.A No. 7610 states that "lascivious conduct" means the intentional touching, either directly or through clothing, of the genitalia, 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, be"faHty, m""Mbafon, lasdviou' exhibition of the genital' or pu bk area of a pe,.,on. ~ 129