CONCEPT OF ACTS OF LASCIVIOUSNESS

A. Concept: the act of making a physical contact with the body of another
person for the purpose of obtaining sexual gratification other than, or
without intention of, sexual intercourse.
1. The contact may be by the body of the accused such as by the lips, hands,
foot; or by means of any object or instrument. In either case there must be
no form of insertion into the anus, mouth or sex organ amounting to rape
through sexual abuse.
2. It is distinguished from Attempted Rape in that there is no intent to have
sexual intercourse with the victim. The intent may be inferred from the
circumstances of time, place, and occasion, or inferred from the nature of the
act itself.
3. It is distinguished from Unjust Vexation in that there is no lewd design in
unjust vexation
Example: (i) The acts of an ardent lover such as kissing, embracing arising
from his passion, are unjust vexation merely. (ii). The touching of the private
parts of a woman out of curiosity is unjust vexation.
4. If the acts of lasciviousness (including sexual intercourse) is performed
upon a child exploited in prostitution or other sexual abuse (i.e. abuse other
than the acts of lasciviousness such as when the child is the subject of an
obscene publication or pornography or of indecent shows) whether male or
female, the acts would constitute sexual abuse punished under R.A. 7610
( The Child Abuse Law) ( Olivarez vs. C.A., July 29, 2006)

B. Kinds:
1. Forcible (Article 336) if made under circumstances of forcible rape, i.e
through force, threat, violation, intimidation.
a. The accused may be any person and the victim may be a male or
female
2. Consented: (Article 339) if made under circumstances of seduction
whether simple or qualified i.e

a) victim is a female of chaste character

b) over 12 years but below 18 years, or a widow
c) there was deceit or abuse of authority, abuse of confidence or abuse
of relationship

Acts of lasciviousness defined and its elements

enumerated
Posted on February 4, 2012 by Erineus
Appellant was charged with violation of Article 336 of the Revised Penal
Code, as amended, in relation to Section 5(b), Article III of Republic Act No.
7610. These provisions state:

Art. 336. Acts of lasciviousness. Any person who shall commit any act of
lasciviousness upon other persons of either sex, under any of the
circumstances mentioned in the preceding article, shall be punished by
prision correccional.

Section 5. Child Prostitution and Other Sexual Abuse. Children, whether

male or female, who for money, profit, or any other consideration or due to
the coercion or influence of any adult, syndicate or group, indulge in sexual
intercourse or lascivious conduct, are deemed to be children exploited in
prostitution and other sexual abuse.

The penalty of reclusion temporal in its medium period to reclusion perpetua

shall be imposed upon the following:

xxxx

(b) Those who commit the act of sexual intercourse of lascivious conduct
with a child exploited in prostitution or subject to other sexual abuse;
Provided, That when the victim is under twelve (12) years of age, the
perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and
Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or
lascivious conduct, as the case may be: Provided, That the penalty for
lascivious conduct when the victim is under twelve (12) years of age shall be
reclusion temporal in its medium period; x x x

The elements of sexual abuse under Section 5, Article III of Republic Act No.
7610 are as follows:

The accused commits the act of sexual intercourse or lascivious conduct.

The said act is performed with a child exploited in prostitution or subjected to
sexual abuse.
The child, whether male or female, is below 18 years of age.31
As correctly found by the Court of Appeals, all the elements of sexual abuse
under Section 5, Article III of RA 7610 are present here.

First, appellants repeated touching, fondling, and sucking of AAAs breasts

and inserting his finger into AAAs vagina with lewd designs undoubtedly
constitute lascivious conduct under Section 2(h) of the Implementing Rules
and Regulations of Republic Act No. 7610, to wit:

(h) Lascivious conduct means the intentional touching, either directly or

through clothing, of the genitalia, anus, groin, breast, inner thigh, or
buttocks, or the introduction of any object into the genitalia, anus or mouth,
of any person, whether of the same or opposite sex, with an intent to abuse,
humiliate, harass, degrade, or arouse or gratify the sexual desire of any

person, bestiality, masturbation, lascivious exhibition of the genitals or public

area of a person.

Second, appellant, as a father having moral ascendancy over his daughter,

coerced AAA to engage in lascivious conduct, which is within the purview of
sexual abuse. In People v. Larin,32 we held:

A child is deemed exploited in prostitution or subjected to other sexual

abuse, when the child indulges in sexual intercourse or lascivious conduct (a)
for money, profit, or any other consideration; or (b) under the coercion or
influence of any adult, syndicate or group.

Third, AAA is below 18 years old at the time of the commission of the
offense, based on her testimony which was corroborated by her Birth
Certificate33 presented during the trial. Section 3(a), Article I of Republic Act
No. 7610 provides:

SECTION 3. Definition of Terms.

(a) Children refers [to] persons below eighteen (18) years of age or those
over but are unable to fully take care of themselves or protect themselves
from abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition;
Since all three elements of the crime were present, the conviction of
appellant for acts of lasciviousness was proper.
As to the alleged failure of the prosecution to establish with particularity the
date of the commission of the acts of lasciviousness, suffice it to state that
the date and time of the commission of the offense are not material
ingredients of such crime. Section 11, Rule 110 of the Rules of Court
provides:
Sec. 11. Time of the commission of the offense. It is not necessary to state
in the complaint or information the precise time at which the offense was

committed except when time is a material ingredient of the offense, but the
act may be alleged to have been committed at any time as to the actual
date at which the offense was committed as the information or complaint will
permit.
In People v. Losano,34 the Court held:
Thus, as early as 1903, this Court has ruled that while the complaint must
allege a specific time and place when and where the offense was committed,
the proof need not correspond to this allegation, unless the time and place is
material and of the essence of the offense as necessary ingredient in its
description. Evidence so presented is admissible and sufficient if it shows 1)
that the crime was committed at any time within the period of the statute of
limitations; and 2) before or after the time stated in the complaint or
indictment and before the action is commenced.

http://sc.judiciary.gov.ph/jurisprudence/2011/february2011/182521.htm

Demandahan: Acts of lasciviousness

By Nathalie Blanco, Multimedia Producer, Demandahan (Pinoy True Stories)
Posted at 03/07/2013 5:30 PM

Reenactment
Anthony Taberna seeks legal help for "Maya", a graduating student who
plans on pressing charges against a government employee who took
advantage of her. What differentiates acts of lasciviousness as punished
under Article 336 of the Revised Penal Code from sexual harassment? What
constitutes "lewdness"?

A woman's dignity and rights must always be respected and protected by

law.
"Maya" was securing her health sanitary permit at the city hall during the
time of incident. She was hoping to get a job at a fast food company so she

could have enough money to transfer her father's remains from an

"apartment-style" tomb to a proper plot of land in a cemetery.
But before she could leave city hall, a male 53-year old casual employee of
the Civil Registry Office approached Maya and asked her out on a date. When
she declined his offer, he suddenly grabbed her, kissed her and touched her
breasts in public.
Maya got away, but he followed her outside the city hall. He did not stop his
sexual advances and forced her to eat with him in a fast food restaurant. He
continued to pursue her even to the jeepney she rode home, attempting to
remove her bra despite the presence of others in the vehicle.
Her protests fell on deaf ears. Even their fellow passengers turned a blind
eye and refused to help her. Since then, Maya has been severely
traumatized.
She is suffering from acute trauma and is now taking sleeping pills. She is
also undergoing psychiatric therapy to help herself recover.
Anthony Taberna accompanied Maya to Atty. Claire Castro, who advised her
to file criminal and administrative charges against the city hall employee
who violated her.
Maya filed acts of lasciviousness case in court and an administrative case in
the legal department of the city hall.

Acts of lasciviousness vs sexual harassment

Under Article 336 of the Revised Penal Code, the crime of acts of
lasciviousness is committed when the offender commits "lewdness" to
another person of either sex.

It can be done "by using force and intimidation or when the offended party is
deprived of reason or otherwise unconscious, or when the offended party is
under 12 years of age."

Reenactment
According to Section 32, Article XIII, of the implementing rules and
regulations of the Child Abuse Law (RA. 7610), lascivious conduct is defined
as "the intentional touching, either directly or through clothing, of the
genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of
any object into the genitalia, anus or mouth, of any person, whether of the
same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or
arouse or gratify the sexual desire of any person, bestiality, masturbation,
lascivious exhibition of the genitals or pubic area of a person."

Meanwhile, according to the Anti-Sexual Harassment Act of 1995 (RA. 7877),

"sexual harassment is committed by a person who, having authority,
influence or moral ascendancy over another in a work or training or
education environment, demands, requests or otherwise
requires any sexual favor from the other, regardless of whether the demand,
request or requirement for submission is accepted by the object of the act."

Castro stated that Maya did not belong in the same environment as the
perpetrator and did not ask for any kind of favor.

Advice to women

According to Castro, women must always have presence of mind and not
give in to fear, to avoid being taken advantage of by predators.

"You have to react right away. Cry for help; do not whisper," she said.

"If you were not able to stop it from happening, immediately seek out
support from your family. Get assistance from the police. Press charges
against the person so there will not be any more victims."

Aired on February 28, 2013