This case has been cited 2 times or more.
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2002-12-05 |
CALLEJO, SR., J. |
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| indulged in his lecherous predatory acts and touched her private parts, grabbed her breasts, held her thighs and legs and then kissed her. Accused-appellant and Marilyn were alone by themselves in the house. All she could do was cry as she was still petrified by accused-appellant's threats on her life in May 1996 if she revealed that she had been subjected to sexual assault at the hands of accused-appellant. There can be no doubt that accused-appellant was propelled by lewd designs when on August 5, 1996, he touched her private part, mashed her breasts, touched her thighs and legs and kissed her.[41] The Solicitor General avers that the penalty imposed by the trial court on accused-appellant for the felony of acts of lasciviousness, namely, six (6) months and one (1) day of prision correccional in its minimum period, as minimum, to four (4) years, two (2) months | |||||
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2001-04-20 |
VITUG, J. |
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| In Criminal Case No. 96-0473, where accused-appellant fondled the breast of private complainant and repeatedly kissed her but he did no further and there was no showing that he at the time intended to have sex with the victim, the crime for which he should have been held guilty was the offense of "acts of lasciviousness," not attempted rape, punishable under Article 336 of the Revised Penal Code by prision correccional.[24] In Criminal Case No. 96-0474, accused-appellant may only be convicted of attempted rape, despite what appears to be the consummation of the act, as the information has merely charged accused-appellant with attempted rape. Simple rape is punishable by reclusion perpetua, and two degrees below that is prision mayor. | |||||