2. If the victim is under twelve (12) years of age, the nomenclature of the crime
should be "Acts of Lasciviousness under Article 336 of the Revised Penal Code in
relation to Section 5(b) of R.A. No. 7610." Pursuant to the second proviso in
Section 5(b) of R.A. No. 7610, the imposable penalty is reclusion temporal in its
medium period.
3. If the victim is exactly twelve (12) years of age, or more than twelve (12) but
below eighteen (18) years of age, or is eighteen (18) years old or older but is
unable to fully take care of herself/himself or protect herself/himself from abuse,
neglect, cruelty, exploitation or discrimination because of a physical or mental
disability or condition, the crime should be designated as "Lascivious Conduct under
Section 5(b) of R.A. No. 7610," and the imposable penalty is reclusion temporal in
its medium period to reclusion perpetua.[54]
Accordingly, accused-appellant is hereby found guilty of two counts of lascivious
conduct under Article 336 of the RPC, in relation to RA No. 7610, in Criminal Case
Nos. 09-1118 and 09-1121. As regards the penalty imposed, the RTC properly
imposed the penalty of reclusion perpetua. Under Section 5(b) of RA No. 7610, the
imposable penalty for lascivious conduct is reclusion temporal in its medium period
to reclusion perpetua since AAA was over 12 but under 18 years of age at the time
of the commission of the offense.[55] Considering, however, the attendant
circumstance of relationship, the penalty must be applied in its maximum period,
which is reclusion perpetua, without eligibility of parole, in accordance with Section
31 (c) of RA No. 7610.[56]
However, the damages awarded in Criminal Case Nos. 09-1118 and 09-1121 must
be modified in light of recent jurisprudence where the victim is entitled to civil
indemnity, moral damages and exemplary damages, for each count, each in the
amount of P75,000.00, regardless of the number of qualifying/aggravating
circumstances present if the circumstances surrounding the crime call for the
imposition of reclusion perpetua.[57]
WHEREFORE, the appeal is hereby DISMISSED. The assailed September 13,
2016 Decision of the Court of Appeals in CA-G.R. CR HC No. 07301 is AFFIRMED
with MODIFICATION that in Criminal Case Nos. 09-1118 and 09-1121, accusedappellant is ordered to pay AAA, for each count, the amounts of P75,000.00 as civil
indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages,
and a fine of P15,000.00, respectively, which shall all earn interest at the rate of
6% per annum from finality of this Decision until fully paid.
SO ORDERED.