G.R No.

242101, September 16, 2019

XXX vs. PEOPLE OF THE PHILIPPINES
Facts:

April 28, 2012, in a house located at ABC Street, Valenzuela City, AAA, private
complainant and 14 years old, was about to pick up something on the floor in one of the
rooms of their house when without warning the accused approached her from the back.
When she turned to face him, the accused-appellant grabbed the lower end of her t-
shirt, inserted his hands inside and touched her breast while he uttered the word
“pahawak nga” she then resisted, then he tried to pull down her shorts but she held on
to the sides to prevent him from stripping her. She ran towards her mother who was at
the kitchen, she was about to cry when she was asked but she did not say anything
fearing that the accused might kill or hurt them. She went outside and called her
boyfriend and she decided to go to her biological father but the latter was not around.
She texted her mother, narrated what happened and then they went to the police and
filed a complaint against XXX.

The accused denied the allegations of the complainant saying that AAA was just
mad because he would not allow her boyfriend to sleep in their house and that she is
only making her revenge.

Issue:

Is XXX guilty of the crime of Acts of Lasciviousness?

Held:

Yes, XXX is guilty of the crime of acts of Lasciviousness.

Under the Revised Penal Code, Acts of Lasciviousness is committed against a

person of either sex. The act is done by using force or intimidation, when the offended
party is deprived of reason or otherwise unconscious and by means of fraudulent
machination or grave abuse of authority.

In the present case, XXX touched the breast of the complainant using force and
intimidation. He also tried to strip the short of the complainant who was also deprived of
reason since she was still a minor at the time the crime was committed.

Hence, XXX is guilty of the crime of Acts of Lasciviousness.