ACTS OF LASCIVIOUSNESS

LEGAL BASIS

PROVISION ON WOMEN’S Article 336. Acts of lasciviousness. - Any person who

shall commit any act of lasciviousness upon other
persons of either sex, under any of the
RIGHT UNDER THE circumstances mentioned in the preceding article,
shall be punished by prision correccional.

REVISED PENAL CODE Article 339. Acts of lasciviousness with the consent

PART II of the offended party. - The penalty of arresto mayor

shall be imposed to punish any other acts of
lasciviousness committed by the same persons and
the same circumstances as those provided in
Articles 337 and 338.

ACTS OF LASCIVIOUSNESS 1. The physical contact may be

It refers to the offense of illegally touching
another person's private parts with the intent of
sexual gratification, other than, or without
intention of, sexual intercourse.
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.
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. Acts of lasciviousness 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
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)

ELEMENTS OF ACTS OF LASCIVIOUSNESS THE FIRST ELEMENT

(a) The offender commits any act of lasciviousness
In Tizon v. People, G.R. No. 251328, September 8,
2020, the elements of acts of lasciviousness under
or
Article 336 of the RPC are: lewdness;

(a) The offender commits any act of lasciviousness or a. LASCIVIOUS CONDUCT

lewdness; Lascivious conduct is a crime committed through the
(b) The lascivious act is done under any of the intentional touching, either directly or through the
following circumstances: clothing of the genitalia, anus, groin, breast, inner thigh
(i) by using force or intimidation; or buttocks with the intent to abuse, humiliate, harass,
(ii) when the offended party is deprived of reason degrade, or arouse or gratify the sexual desire of any
or otherwise unconscious; or person, among others. (Section 2 (h) of the
(iii) when the offended party is under twelve (12) Implementing Rules and Regulations of R.A. No. 7610)
years of age; and
(c) The offended party is another person of either sex.
 THE SECOND ELEMENT UNLAWFUL CIRCUMSTANCE
a. LEWD (b) The lascivious act is done under any of the
The term “lewd” is commonly defined as something indecent or following circumstances:
obscene: it is characterized by or intended to excite crude (i) by using force or intimidation;
(ii) when the offended party is deprived of reason
sexual desire. or otherwise unconscious; or
(iii) when the offended party is under twelve (12)
However, in Amployo v People, G.R. No. 157718, G.R. No. years of age; and
157718, it held that lewd or unchaste design is necessarily a
mental process the existence of which can be inferred by overt a. Use of force or intimidation For intimidation, it should be emphasized that
acts carrying out such intention. i.e., by conduct that can only it does not have to be irresistible. What
be interpreted as lewd or lascivious. The presence or absence FORCE suffices is that there is “some compulsion
of lewd designs is inferred from the nature of the acts Force means unlawful violence, or lawful equivalent to intimidation annuls or subdues
compulsion. (https://en.wikipedia.org) the free exercise of the will of the offended
themselves and the environmental circumstances. What is or
party
what is not lewd conduct, by its very nature, cannot be
pigeonholed into a precise definition.
INTIMIDATION
There is intimidation when one of the contracting parties is compelled by a reasonable and
well-grounded fear of an imminent and grave evil upon his person or property, or upon the
person or property of his spouse, descendants or ascendants, to give his consent.

b. When the offended party is deprived of TWO KINDS OF ACTS OF

reason or otherwise unconscious
DEPRIVED OF REASON
In People of the Philippines vs. XXX, G. R. No.
243988, August 27, 2020, the term "deprived of
reason," is associated with insanity or madness. A
person deprived of reason has mental abnormalities
that affect his or her reasoning and perception of
reality and, therefore, his or her capacity to resist,
make decisions, and give consent.
OTHERWISE UNCONCIOUS
Unconscious, also
Subconscious, the complex of
mental activities within an individual
that proceed without his awareness.
(https://www.britannica.com)
LASCIVIOUSNESS
There are two kinds of Acts of Lasciviousness under the Revised
Penal Code. Under Article 336 which is forcible and under Article 339
which is consented:
called
1. There is Forcible Acts of 2. There is consented acts of lasciviousness
Lasciviousness (Article 336), if made (Article 339), if made under circumstances of
under circumstances of forcible rape, seduction whether simple or qualified i.e.
a) victim is a female of chaste character.
i.e through force, threat, violence,
b) over 12 years but below 18 years, or a
intimidation.
widow
a. The accused may be any c) there was deceit or abuse of authority,
person and the victim may be a male abuse of confidence or abuse of relationship.
or female

2. There is consented acts of lasciviousness (Article

THREAT VIOLENCE
339), if made under circumstances of seduction
A threat has been defined to The term “violence” is
whether simple or qualified i.e.
be any menace of such a synonymous with “physical
nature and extent as to force. (https://thelawdictionary.org)
unsettle the mind of the
person on whom it operates, There is violence when in order a) victim is a female of chaste
and to take away from his to wrest consent, serious or character.
acts that free, voluntary irresistible force is employed. b) over 12 years but below 18 years, or
action which alone a widow
constitutes consent. c) there was deceit or abuse of
(https://thelawdictionary.org)
authority, abuse of confidence or
abuse of relationship.
 ILLUSTRATION ON WHEN MAY A PERSON BE LIABLE FOR ACTS OF
LASCIVIOUSNESS?
CHASTE CHARACTER
Chaste character means actual personal virtue, A person may be liable for acts of lascivious in any of the three situations.
and not reputation or good name. It may
include the character of one who was formerly THE ELEMENT OF GRAVE SITUATION NO. 1
unchaste but is reformed. ABUSE OF AUTHORITY The act of making a physical contact with the body of another person for the
(https://thelawdictionary.org) 'Grave abuse of authority' may purpose of obtaining sexual gratification other than, or without intention of, sexual
thus, be defined as the use or intercourse.
misuse of one's authority in a a. The contact may be by the body of the accused such as by the lips, hands, foot; or
wantonly and capriciously by means of any object or instrument.
THE ELEMENT OF DECEIT excessive or extravagant In either case there must be no form of insertion into the anus, mouth or sex organ
Deceit means the action or practice of manner contrary to the natural amounting to rape through sexual abuse.
deceiving someone by concealing or or legal rules for its use.
misrepresenting the truth. (Oxford languages)
Illustration
Juan told Juana that her lips seems soft and he
would love to kiss her and suddenly ran his
fingers through the lips of Juana.

Force must be "sufficient to consummate the

purposes which the accused had in mind."
SITUATION NO 2
On the other hand, "intimidation must produce fear
Forcible (Article 336) if made
Illustration 1. Illustration 2 that if the victim does not yield to the bestial
under circumstances of forcible
demands of the accused, something would happen
Juan told Juana that her Juan was cooking an rape, i.e through force, threat, to her at that moment or even thereafter as when
lips seems soft and he eggplant. He has a violation, intimidation. she is threatened with death if she reports the
would love to kiss her crush on Juana. He incident."
and suddenly ran his suddenly rub the
fingers through the lips eggplant in the body of
There is force and intimidation as long as the actions
of the accused are "sufficient to consummate the
of Juana. a. The accused may be any
Juana. bestial desires of the malefactor against the victim."
person and the victim may be a
male or female.
It is not required that the force or intimidation
employed be so great that it is irresistible, but it
must only be enough to consummate the purpose of
the accused

ACTS OF LASCIVIOUSNESS IN RELATION TO OTHER

SITUATION NO. III.
Consented: (Article 339) if made under circumstances of
seduction whether simple or qualified i.e.
a) The victim is a female of chaste character.
b) The victim is 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
CRIME
A. Rape
The crime of Acts of Lasciviousness is necessarily
included in the offense of rape, thus, [the Accused] can
be convicted of a lesser crime. This is in accordance
with the variance doctrine enunciated under Section 438
in relation to Section 539 of Rule 120 of the Rules on
Criminal Procedure. (Valenzona v. People, G.R. No.
203785, January 20, 2021, Per Inting, J.)

VARIANCE DOCTRINE
Section 4 in relation to Section 5 of Rule 120 of the Rules on Criminal Procedure
presents the "variance doctrine":
SEC. 4. Judgment in case of variance
between allegation and proof.—When there
is variance between the offense charged in
the complaint or information and that
proved, and the offense as charged is
included in or necessarily includes the
offense proved, the accused shall be
convicted of the offense proved which is
included in the offense charged, or of the
offense charged which is included in the
offense proved.
SEC. 5. When an offense includes or is
included in another.—An offense charged
necessarily includes the offense proved when
some of the essential elements or ingredients
of the former, as alleged in the complaint or
information, constitute the latter. And an
offense charged is necessarily included in the
offense proved, when the essential
ingredients of the former continue or form
part of those constituting the latter
ILLUSTRATION VARIANCE DOCTRINE
The issue for the Court’s resolution is whether petitioner can be
convicted of the felony of falsification of public document through
reckless imprudence notwithstanding that the charge against him in
the Information was for the intentional felony of falsification of
public document under Article 171(4) of the RPC.
Parenthetically, the question that has to be resolved then is whether
reckless imprudence resulting to falsification of public document is
necessarily included in the intentional felony of falsification of
public document under Article 171(4) of the RPC.

ILLUSTRATION VARIANCE DOCTRINE ACTS OF LASCIVIOUSNESS AND REPUBLIC ACT NO

7610
In Tizon v. People, G.R. No. 251328, September 8,
B. Acts of lasciviousness in relation to 2020, the court held, when the victim is under twelve
Republic Act No. 7610 (12) years of age at the time the offense was
To stress, reckless imprudence resulting to
R.A. No. 7610 finds application when committed, the offense shall be designated as “Acts
falsification of public documents is an offense that is
The Variance Rule (Sections 4 – 5, the victims of abuse, exploitation or of Lasciviousness under Article 336 of the RPC in
necessarily included in the willful act of falsification
Rule 120): Accordingly, in case of discrimination are children or those relation to Section 5 of RA 7610.” Thus, before an
of public documents, the latter being the greater
variance between the allegation and “persons below eighteen (18) years of accused can be convicted of child abuse through
offense. As such, he can be convicted of reckless
proof, a defendant may be convicted age or those over but are unable to lascivious conduct on a minor below twelve (12)
imprudence resulting to falsification of public
of the offense proved when the fully take care of themselves or protect years of age, the requisites of acts of lasciviousness
documents notwithstanding that the Information only
offense charged is included in or themselves from abuse, neglect, under Article 336 of the RPC must be present in
charged the willful act of falsification of public
necessarily includes the offense cruelty, exploitation or discrimination addition to the requisites of sexual abuse under
documents. (Sevilla vs People, GR 194390 (2014) -
proved. because of a physical or mental Section 5(b) of RA 7610.
Reckless Imprudence)
disability or condition.” (Dela Cruz v.
People)

CASE DIGEST FOR ACTS OF LASCIVIOUSNESS

ELEMENTS OF ACTS OF LASCIVIOUSNESS
UNDER ART. 336 OF THE REVISED PENAL CODE
The elements of acts of lasciviousness under
Article 336 of the RPC are:
(a) the offender commits any act of
lasciviousness or lewdness;
(b) the lascivious act is done under any of the
following circumstances:
(i) by using force or intimidation;
(ii) when the offended party is deprived of
reason or otherwise unconscious; or
(iii) when the offended party is under twelve
(12) years of age; and
(c) the offended party is another person of either
sex.
On the other hand, sexual abuse
under Section 5(b), Article III of RA
7610 has three (3) elements:
(a) the accused commits an act of
sexual intercourse or lascivious
conduct;
(b) the said act is performed with a
child exploited in prostitution or
subjected to other sexual abuse;
and
(c) the child is below eighteen (18)
years old.
1 People vs. Abanilla, G.R. Nos. 148673-75, 17 October 2003
2 Amployo vs. People, G.R. No. 157718, 26 April 2005
3 Olivarez vs. Court of Appeals, G.R. No. 163866, 29 July 2005.
4 Navarrete vs. People, G.R. No. 147913, 31 January 2007
5 Virgilio Labandria Awas vs. People of the Philippines, G.R. No. 203114, June
28, 2017
6 People v. Ladra, G.R. No. 221443, July 17, 2017
7 Tizon v. People, G.R. No. 251328, September 8, 2020
8 Rodolfo C. Mendoza vs. People of the Philippines, G.R. No. 239756,
September 14, 2020
9 Capueta v. People, G.R. No. 240145, September 14, 2020)
10 Pedrito Valenzona vs. People of the Philippines, G.R. No. 203785, January 20,
2021
11 Jan Victor Carbonell Y Ballesteros vs. People of the Philippines, G.R. No.
246702, April 28, 2021