female organ. Thus, a grazing of the surface of the female organ or touching the mons pubis of the pudendum is not sufficient to constitute consummated rape. Absent any showing of the slightest penetration of the female organ, i.e., touching of either the labia of the pudendum by the penis, there can be no consummated rape; at most, it can only be attempted rape, if not acts of lasciviousness." While ''the mere touching of the external genitalia by the penis capable of consummating the sexual act is sufficient to constitute carnal knowledge,"[29] "the act of touching should be understood here as inherently part of the entry of the penis into the labias of the female organ and not mere touching alone of the mons pubis or the pudemdum."[30] Indeed, the grazing of the victims' private organ caused pain, but it cannot be presumed that carnal knowledge indeed took place by reason thereof. As the Court held in People v. Brioso,[31] ''the Court is loath to convict an accused for rape solely on the basis of the pain experienced by the victim as a result of efforts to insert the penis into the vagina." Significantly, from their own declaration following the public prosecutor's questioning, they suffered pains not because of appellant's attempt to insert his penis but because of the grazing of their vagina. Given the foregoing and since there is neither clear showing or direct proof of penile penetration or that appellant's penis made contact with the labias of the victims, which is an essential element of the crime of rape, we cannot sustain appellant's conviction for the crin1e of rape in Criminal Case Nos. 07-CR-6765; 07-CR-6766; 07-CR-6768; 07-CR-6769 and 07-CR-6770. However, appellant can be convicted of Acts of Lasciviousness under Article 336 of the Revised Penal Code (RPC) in relation to Section 5 of Republic Act (RA) No. 7610,[32] which was the offense proved though he was charged with rape through sexual intercourse in relation to RA 7610, applying the variance doctrine under Section 4 in relation to Section 5 of Rule 120 of the Revised Rules of Criminal Procedure.[33] The crime of Acts of Lasciviousness under Article 336 of the RPC in relation to Section 5 of RA 7610, which was the offense proved is included in rape, the offense charged.[34] The essential elements of sexual abuse under Section 5(b) of RA 7610 are as follows: (1) The accused commits the act of sexual intercourse or lascivious conduct; (2) The said act is performed with a child exploited in prostitution or subjected to other sexual abuse; and, (3) The child, whether male or female, is below 18 years of age[35]

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