Q Now, if you are going to count one (1) to ten (10), each count would be equivalent to one (1) second and if you have counted for ten (10), on what number would you reach to approximate the time wherein Eduardo caressed your vagina? A It could be thirty (30) minutes. COURT Maybe she did not understand it. PROS. CRUZ Q Alright. Now, he (sic) took a long time for the accused to caress your vagina, is that what you are trying to tell this Honorable Court? A Yes(,) ma'am. Q And what did you do when he was caressing your vagina for that long? A I removed his hand from inside my panty.[51] The foregoing testimonial account demonstrates that all the elements of the crime of Acts of Lasciviousness under Sec. 5(b) of RA 7610, as earlier enumerated, are present. Let us not forget the circumstances of this case, not only was the offense committed against a child under twelve (12) years of age, it was committed when the victim was unconscious, fast asleep in the dead of the night. AAA, then a minor of seven (7) years, was awoken by the weight of petitioner's leg on top of her and of his hand sliding inside her undergarment. His hand proceeded to caress her womanhood, which harrowing experience of a traumatic torment only came to a halt when she managed to prevent his hand from further touching her private parts. As regards the second additional element, it is settled that the child is deemed subjected to other sexual abuse when the child engages in lascivious conduct under the coercion or influence of any adult.[52] Intimidation 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.[53] The law does not require physical violence on the person of the victim; moral coercion or ascendancy is sufficient.[54] The petitioner's proposition-that there is not even an iota of proof of force or intimidation as AAA was asleep when the offense was committed and, hence, he cannot be prosecuted under RA 7610-is bereft of merit. When the victim of the crime is a child under twelve (12) years old, mere moral ascendancy will suffice. Here, AAA was a child at the tender age of seven (7) when the offense was committed. She was residing with her father in Palagas, Ligao City, Albay while her mother works as a household helper in Batangas. Her father, however, is out of the house most of the time, working two jobs as a vendor and barangay tanod.

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