second element of Acts of Lasciviousness under Art. 336 of the RPC is sourced from
Art. 335 of the same code,[61] it is then Justice Leonen's theory that Acts of
Lasciviousness ceased to be a crime under the RPC following Art. 335's express
repeal.
We respectfully disagree.
Sec. 4 of RA 8353 did not expressly repeal Article 336 of the RPC for if it were the
intent of Congress, it would have expressly done so. Rather, the phrase in Sec. 4
states: "deemed amended, modified, or repealed accordingly" qualifies "Article 335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 [RA 8353]."
As can be read, repeal is not the only fate that may befall statutory provisions that
are inconsistent with RA 8353. It may be that mere amendment or modification
would suffice to reconcile the inconsistencies resulting from the latter law's
enactment. In this case, Art. 335 of the RPC,[62] which previously penalized rape
through carnal knowledge, has been replaced by Art. 266-A.[63] Thus, the reference
by Art. 336 of the RPC to any of the circumstances mentioned on the erstwhile
preceding article on how the crime is perpetrated should now refer to the
circumstances covered by Art. 266-A as introduced by the Anti-Rape Law.
We are inclined to abide by the Court's long-standing policy to disfavor repeals by
implication for laws are presumed to be passed with deliberation and full knowledge
of all laws existing on the subject. The failure to particularly mention the law
allegedly repealed indicates that the intent was not to repeal the said law, unless an
irreconcilable inconsistency and repugnancy exists in the terms of the new and old
laws.[64] Here, RA 8353 made no specific mention of any RPC provision other than
Art. 335 as having been amended, modified, or repealed. And as demonstrated, the
Anti-Rape Law, on the one hand, and Art. 336 of the RPC, on the other, are not
irreconcilable. The only construction that can be given to the phrase "preceding
article" is that Art. 336 of the RPC now refers to Art. 266-A in the place of the
repealed Art. 335. It is, therefore, erroneous to claim that Acts of Lasciviousness
can no longer be prosecuted under the RPC.
It is likewise incorrect to claim that Art. 336 had been rendered inoperative by the
Anti-Rape Law and argue in the same breath the applicability of Sec. 5(b) of RA
7610. The latter provision reads:
Section 5. Child Prostitution and Other Sexual Abuse. - x x x
xxxx