MANILA -- In G.R. No. 228980 (Villanueva v. People), the Court’s Second Division, through Associate Justice Antonio T. Kho, Jr., affirmed the conviction of the accused for Lascivious Conduct under Article III, Section 5(b) of Republic Act No. (RA) 7610, or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act. The Court found the testimony of the 16-year-old victim to be clear, candid, and categorical when she relayed that the accused lifted her skirt and touched her buttocks, which constitute overt acts of the accused tantamount to lascivious conduct.

“Lascivious Conduct” is defined in the Implementing Rules and Regulations of RA 7610 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 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.”

For committing Lascivious Conduct against a minor, the accused was sentenced to the penalty of imprisonment for an indeterminate period of 14 years and eight months of reclusion temporal, as minimum, to 20 years ofreclusion temporal, as maximum; and was  ordered to pay the private complainant P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 as exemplary damages, to earn legal interest at the rate of 6 percent per annum from the date of finality of the Decision until full payment.

The Court further noted that it is not unmindful of the accused’s claim that the penalty imposed is disproportionate to the crime committed and the surrounding circumstances of its commission. However, the Court stressed that it is duty bound to apply the law in full force and impose the proper penalty for the crime committed by the accused. Thus, considering the severe penalty imposed by the Court in accordance with the law, the Court in this case invoked Article 5 of the Revised Penal Code and submits to the Chief
Executive, through the Department of Justice, for study and consideration of the mitigation of the penalty imposed on the accused.

The Supreme Court Public Information Office will upload a copy of the Decision once it receives the same from the Second Division Clerk of Court. (SC)