FACTS:

The accused, Villacampa, has filed an appeal after being found guilty of several counts of rape through sexual assault, simple rape, and sexual abuse. In one case, Villacampa had sexual intercourse with CCC, who later became pregnant, constituting the crime of simple rape. In multiple other cases, Villacampa was charged with rape through sexual assault for inserting his finger into the victims' vagina, which is considered rape under the law. Additionally, in one case, Villacampa was accused of acts of lasciviousness or sexual abuse for kissing the lips, face, and neck of the victim. The accused threatened one of the victims, DDD, that he would harm her mother if she reported the incident. DDD eventually confided in her older sister and reported the incident to her father. The appeal questions the lower courts' finding of guilt despite the alleged lack of credible evidence.

ISSUES:

1. Whether the act committed by Villacampa constitutes sexual abuse under RA 7610.

2. Whether the elements of child abuse under Section 5(b) of RA 7610 are present in this case.

3. Whether the proper nomenclature and penalties for lascivious conduct under Section 5(b) of RA 7610 were correctly applied.

4. Whether the penalty for rape under the Revised Penal Code (RPC) or under Republic Act No. 7610 (Anti-Child Abuse Law) should be imposed in a case involving a child victim.

5. Whether the Indeterminate Sentence Law should be applied in the determination of the penalty.

6. Whether the penalties imposed by the Court of Appeals are correct.

7. Whether appellant Ceferino Villacampa is guilty of Lascivious Conduct under Section 5(b) of Republic Act No. 7610.

RULING:

1. Yes, the act committed by Villacampa constitutes sexual abuse under RA 7610.

2. Yes, all the elements of child abuse under Section 5(b) of RA 7610 were proven beyond reasonable doubt.

3. No, the lower courts erred in designating the offenses and imposing penalties. The proper nomenclature and penalties for lascivious conduct under Section 5(b) of RA 7610 should be applied.

4. The penalty for rape under the RPC should be imposed in a case involving a child victim. However, considering that the act committed amounted to lascivious conduct, the penalty provided under Section 5(b) of RA 7610 should be applied.

5. The Indeterminate Sentence Law should be applied in the determination of the penalty. The minimum term should be the penalty next lower in degree, which is reclusion temporal in its minimum period.

6. The penalties imposed by the Court of Appeals are affirmed with modifications. For the counts of Acts of Lasciviousness, the penalty is an indeterminate prison term of twelve (12) years, ten (10) months and twenty (20) days of reclusion temporal as minimum to fifteen (15) years, six (6) months and twenty (20) days of reclusion temporal as maximum. For the simple rape charge, the penalty is reclusion perpetua. For the charge of Lascivious Conduct under RA 7610, the penalty is ten (10) years of prision mayor as minimum to sixteen (16) years, five (5) months and ten (10) days of reclusion temporal as maximum.

7. The appellant Ceferino Villacampa is guilty of Lascivious Conduct under Section 5(b) of Republic Act No. 7610. He is sentenced to suffer an indeterminate prison term of ten (10) years of prision mayor as minimum to sixteen (16) years, five (5) months and ten (10) days of reclusion temporal as maximum. He is also ordered to pay P15,000 as fine, P20,000 as civil indemnity, P15,000 as moral damages, and P15,000 as exemplary damages. The appellant is further ordered to pay interest at the rate of six percent (6%) per annum on all damages awarded from the date of finality of this Decision until such damages are fully paid.

PRINCIPLES:

• The elements of sexual abuse under Section 5, Article III of RA 7610 are: (a) the accused commits the 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, whether male or female, is below 18 years of age.

• Lascivious conduct includes 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, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

• To meet the second element of sexual abuse, the child victim must either be exploited in prostitution or subjected to other sexual abuse. The fact that a child is under the coercion and influence of an adult is sufficient to classify the child victim as one subjected to other sexual abuse.

• Sexual abuse can happen only once, and still the victim would be considered a child subjected to other sexual abuse, because what the law punishes is the maltreatment of the child, without regard to whether or not this maltreatment is habitual.

• The definition of child abuse under Section 3(b) of RA 7610 does not require that the victim suffer a separate and distinct act of sexual abuse aside from the act complained of.

• Lascivious conduct under Section 5(b) of RA 7610 can occur even if the accused committed sexual abuse against the child victim only once, even without a prior sexual affront.

• Moral ascendancy can take the place of force and intimidation required in rape cases.

• The proper nomenclature and penalties for lascivious conduct under Section 5(b) of RA 7610 should be determined based on the age of the victim:

a. Victims under twelve (12) years of age: "Acts of Lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5(b) of R.A. No. 7610." The imposable penalty is reclusion temporal in its medium period.

b. Victims twelve (12) years of age or older but below eighteen (18) years of age, or those who are unable to fully take care of themselves due to a physical/mental disability: "Lascivious Conduct under Section 5(b) of R.A. No. 7610." The imposable penalty is reclusion temporal in its medium period to reclusion perpetua.

c. In cases where there is actual penal penetration, the proper offense is simple rape under the Revised Penal Code.

• The penalty for rape under the RPC should be imposed in cases involving child victims, but if the act committed amounts to lascivious conduct, the penalty provided under Section 5(b) of RA 7610 should be applied.

• The Indeterminate Sentence Law should be applied in the determination of the penalty for crimes under RA 7610, with the minimum term being the penalty next lower in degree.

• The court may modify the civil liabilities imposed in accordance with prevailing jurisprudence.

• A fine may be imposed upon the offender in cases involving violations of RA 7610.

• Interest at the rate of six percent (6%) per annum should be imposed on all awarded damages from the date of finality of the decision until fully paid.

• Lascivious Conduct under Section 5(b) of Republic Act No. 7610.

• Indeterminate Sentence Law.

• Imposition of fines and damages in criminal cases.

• Accrual of interest on damages awarded.