Here are selected June 2011 rulings of the Supreme Court of the Philippines on criminal law and procedure:
1. CRIMINAL LAW
Act of lasciviousness against a minor under the Revised Penal Code and R.A. 7610. Acts of lasciviousness as defined in Article 336 of the Revised Penal Code (“RPC”) has the following elements: (1) that the offender commits any act of lasciviousness or lewdness; (2) 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) when the offended party is under 12 years of age; and; (3) that the offended party is another person of either sex. Pursuant to the foregoing provision, before an accused can be convicted of child abuse through lascivious conduct committed against a minor below 12 years of age, the requisites for acts of lasciviousness under Article 336 of the RPC must be met in addition to the requisites for sexual abuse under Section 5 of R.A. 7610. To establish sexual abuse under Section 5, Article III of R.A. 7610, the following elements must be present: (1) the accused commits the act of sexual intercourse or lascivious conduct; (2) the said act is performed with a child exploited in prostitution or subjected to other sexual abuse; (3) the child, whether male or female, is below 18 years of age. Corollarily, Section 2(h) of the rules and regulations of R.A. No. 7610 defines “lascivious conduct” as “[t]he 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.” People of the Philippines v. Ireno Bonaagua y Berce, G.R. No. 188897, June 6, 2011.
Act of lasciviousness of a minor under the Revised Penal Code and R.A. 7610. The Supreme Court affirmed the findings of the Court of Appeals (“CA”) that the accused was guilty of the crime of acts of lasciviousness under Section 5(b) of R.A. 7610. Undeniably, all the aforestated elements are present in Criminal Case No. 03-0255. The accused committed the crime of lascivious acts by touching the breasts and licking the vagina of AAA, who was 8 years old at the time as established by her birth certificate. As correctly found by the CA, the accused is guilty of the crime of acts of lasciviousness under Section 5(b) of R.A. No. 7610. People of the Philippines v. Ireno Bonaagua y Berce, G.R. No. 188897, June 6, 2011.
Estafa; elements. In every prosecution for estafa under Article 315(2)(a) of the Revised Penal Code, the following elements must be present: (a) that there must be a false pretense, fraudulent act or fraudulent means; (b) that such false pretense, fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of the fraud; (c) that the offended party must have relied on the false pretense, fraudulent act, or fraudulent means, that is, he was induced to part with his money or property because of the false pretense, fraudulent act, or fraudulent means; (d) that as a result thereof, the offended party suffered damage. Elvira Lateo y Eleazar, et al v. People of the Philippines, G.R. No. 161651, June 8, 2011.