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.