On the other hand, the elements of Acts of Lasciviousness under Article 336 of the
RPC are as follows:
(1) That the offender commits any act of lasciviousness or lewdness;
(2) That it is done under any of the following circumstances:
a) Through force, threat or intimidation;
b) Where the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority;
d) When the offended party is under twelve (12) years of age or is demented,
even though none of the circumstances mentioned above be present; and
3) That the offended party is another person of either sex.[36]
All the elements of acts of lasciviousness under Article 336 of the RPC and sexual
abuse under Section 5(b) of RA 7610 were sufficiently established in the aforenumbered cases. Specifically, appellant committed lasciviousness when he poured
cooking oil on the victims' private organ and rubbed them with his penis. The
victims were under 12 years of age as established by their respective birth
certificate and therefore way below 18 years of age. They were subjected to "other
sexual abuse" as required under Section 5(b) of RA 7610. "A child is deemed
subjected to 'other sexual abuse' when he or she indulges in lascivious conduct
under the coercion or influence of any adult."[37] There is coercion or influence when
there is some form of compulsion equivalent to intimidation which subdues the free
exercise of the offended party's free will.[38] In the present cases, the victims were
sexually abused as they were coerced, influenced, threatened and intimidated by
appellant who was the helper of "CCC's" father.
Based on the evidence. established, appellant can thus be held criminally liable of
the crime of Acts of Lasciviousness under Article 336 of the RPC in relation to
Section 5 of RA 7610.[39]
On the alleged rape committed during the second week of October 2001 (Criminal
Case No. 07-CR-6769) ''CCC declared:
Q: And after your pants were removed, what did Noel Bejim do next?
A: He again raped me, sir.