[52]
Garingarao v. People, 669 Phil. 512 (2011).
[53]
Caballo v. People, supra note 30.
[54]
Dimakuta v. People, supra note 45.
[55]
Navarrete v. People, G.R. No. 147913, January 31, 2007, 513 SCRA 509.
[56]
Rollo, p. 67.
[57]
People v. Agcanas, G.R. No. 174476, October 11, 2011, 658 SCRA 842.
[58]
People v. Gani, G.R. No. 195523, June 5, 2013, 697 SCRA 530.
[59]
People v. Piosang, G.R No. 200329, June 5, 2013, 697 SCRA 587.
Section 4. Repealing Clause. - Article 335 of Act No. 3815, as amended, and
all laws, acts, presidential decrees, executive orders, administrative orders, rules
and regulations inconsistent with or contrary to the provisions of this Act are
deemed amended, modified or repealed accordingly.
[60]
Under Art. 336, the lascivious conduct must be performed under any of the
circumstances mentioned on its "preceding article," referring to the previous law
penalizing rape. Prior to its repeal, Art. 335 of the RPC provides that rape may be
committed a) by using force or intimidation; b) when the offended party is deprived
of reason or otherwise unconscious; or c) when the offended party is under 12
years of age.
[61]
Article 335. When and how rape is committed. - Rape is committed by having
carnal knowledge of a woman under any of the following circumstances:
1. By using force or intimidation;
[62]
2. When the woman is deprived of reason or otherwise unconscious; and
3. When the woman is under twelve years of age, even though neither of the
circumstances mentioned in the two next preceding paragraphs shall be present.
[63]
Article 266-A. Rape: When And How Committed. - Rape is committed:
1) By a man who shall have carnal knowledge of a woman under any of the
following circumstances:
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