Acts of Lasciviousness

ART.336
Lesson Goal

This lesson aims to provide the participants with

knowledge on Acts of Lasciviousness
Lesson Objective

• After this lesson, the participants will be able to;

• Discuss how Acts of Lasciviousness is committed.

• Difference between and attempted rape.

• Discuss the penalties of Acts of Lasciviousness.

Definition of Terms

Lewd design – as defined in People vs. Lizada, is

something indecent, obscene, lustful, and lecherous. It
signifies that form of immorality which has relation to moral
impurity; or that which is carried on in a wanton manner.

Moreover, in Amployo vs. People, lewd is characterized by or

intended to excite crude sexual desire. That an accused is
entertaining a lewd or unchaste design is necessarily a
mental process the existence of which can be inferred by
overt acts carrying out such intention, i.e., by conduct that
can only be interpreted as lewd or lascivious.
Definition of Terms

Lascivious conduct - is defined under Section 2 of the

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 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.
Two kinds of acts of lasciviousness
1. Under Article 336 (Acts of lasciviousness)
2. Under Article 339 (Acts of lasciviousness with the consent of
the offended party)
ELEMENTS OF ACTS OF LASCIVIOUSNESS
(Art. 336)
1. That the offender commits any act of lasciviousness or
lewdness;

2. That the act of lasciviousness is committed against a person

of either sex; and

3. That it is done under any of the following circumstances:

    a. by using force or intimidation, or
    b. when the offended party is deprived of reason or
otherwise unconscious, or
    c. by means of fraudulent machination or grave abuse of
authority, or
    d. when the offended party is under 12 years of age or is
demented.
ELEMENTS OF ACTS OF LASCIVIOUSNESS
WITH THE CONSENT OF THE OFFENDED
PARTY (Art. 339)
1. Offender commits acts of lasciviousness or lewdness.

2. Acts are committed upon a woman who is virgin or single or

widow of good reputation, under 18 years of age but over 12
years, or a sister or descendant regardless of her reputation or
age.

3. Offender accomplishes the acts by abuse of authority,

confidence, relationship, or deceit.

4. Male cannot be the offended party in this crime

Distinguish Acts of lasciviousness under Art. 336
from Art. 339
ARTICLE 336
The acts are committed under
circumstances which had there been
carnal knowledge, would
amount to rape.
The offended party
is a female or male
ARTICLE 339
The acts of lasciviousness are
committed under the circumstances
which had there been carnal
knowledge, would amount to either
qualified seduction or simple
seduction.
The offended party
should only be female
No attempted or frustrated Acts of Lasciviousness.

Q: What is the difference between prosecution for

acts of lasciviousness under Art. 336, RPC and RA
7610?
ARTICLE 336 RPC RA 7610
Shall be punished by The penalty shall be 1
prision correccional. degree higher than that
penalty imposed by law
Q: What is the difference between attempted rape and acts of lasciviousness?

ACTS OF LASCIVIOUSNESS ATTEMPTED RAPE

Same means of committing the crime:
1.Force, threat, or intimidation is employed; or
2.By means of fraudulent machination or grave abuse of authority; or
3.The offended party is deprived of reason of otherwise unconscious; or
4.Victim is under 12 years of age or is demented
Offended party is a person of either sex.
The performance of acts of lasciviousness character
Acts performed do not indicate that Acts performed clearly indicate that
the accused was to lie w/ the the accused’s purpose was to lie w/
offended party the offended woman
Lasciviousness acts are the final Lasciviousness acts to the
objective sought by the offender commission of rape
Offense charge if committed against children
under Sec. 5 of R.A. No. 7610
The Court in the 2017 case of People vs. Caoili, prescribes guidelines in designating or
charging the proper offense in case of lascivious conduct is committed against children under
Sec. 5 of R.A. No. 7610, to wit:

1] The age of the victim is taken into consideration in designating or charging the offense, and
in determining the imposable penalty.

2] If the victim is under 12 years old, the crime is “Acts of Lasciviousness under Article 336,
RPC in relation to Section 5 (b) of R.A. No. 7610.” Pursuant to the second proviso in Section
5(b) of R.A. No. 7610, the imposable penalty is reclusion temporal in its medium period.

3] If the victim is exactly twelve (12) years of age, or more than twelve (12) but below
eighteen (18) years of age, or is eighteen (18) years old or older but is unable to fully
take care of herself/himself or protect herself/himself from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental disability or condition, the crime
should be designated as “Lascivious Conduct under Section 5(b) of R.A. No. 7610,” and the
imposable penalty is reclusion temporal in its medium period to reclusion perpetua.
Relevant Jurisprudence
In Capueta vs. People(2020), the petitioner feloniously touched
the legs, arms and private organ of a 6-year old minor. The petitioner was
convicted for acts of lasciviousness with the penalty of reclusion temporal in
its medium period in relation to Sec. 5 (b) of RA 7610.

In Ramilo vs. People (2019), a father commit sexual abuse and

lascivious conduct upon her daughter, a 12-year-old minor. The accused
was convicted of Lascivious conduct under Sec. 5(b), Art. 3 of R.A. No.
7610 and being the father of the victim, this relationship will be considered
aggravating circumstance, hence, he was sentenced to suffer the penalty of
reclusion perpetua.

In People vs. Dagsa(2018),the accused fondled and played on

the vagina of a minor, 4 years of age. Thus, the accused was guilty beyond
reasonable doubt of acts of lasciviousness under Article 336 of the R.P.C. in
relation to Section 5 (b) of RA 7610.
Relevant Jurisprudence
In Dimakuta v. People(2015), the Court ruled that in the event that
the offended party is a child victim and the crime of lascivious conduct is
covered by the definition under RA 7610 and the act is likewise covered by
sexual assault under Art. 266-A (2) of the RPC, the offender should be held
liable for violation of Sec. 5 (b), Art. 3 of RA 7610, where the law provides
for higher penalty of reclusion temporal.
However, if the victim is at least 18 years old, the malefactor should
be held liable under par. 2, Art. 266-A of the RPC and not R.A. No. 7610.
With the exception that even the victim is 18 years old but unable to fully
take care of herself or protect herself for abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental disability or
condition, the malefactor must be liable of sexual abuse under R.A. 7610.
It is because the state affords the special protection and stronger
deterrence against a child abuse.
Questions
Q: The offender touched the breast of the victim who is below
10 years of age. What crime is committed?
A: The crime committed is Acts of Lasciviousness. Under the
provision of Sec. 5 (b) of RA 7610, it mandates that the crime
is governed by Art. 336, R.P.C, in relation to Sec. 5 (b) of RA
7610.

Q: The offender touched the breast of the victim who is 15

years of age. What crime is committed?
A: Lascivious Conduct is the crime committed. Since the victim
is a minor, a person in 12 years old and below 18 years old,
the applicable law is RA 7610.

Q: What are circumstances which totally extinguish criminal

liability on acts of lasciviousness?
A: Marriage of the offended woman.
END!