Campanilla disagrees with SC on acts of lasciviousness

Judge Marlo Campanilla is a celebrity author, lecturer and expert in criminal law and special penal laws. His books are available in fine bookstores nationwide. https://www.rexestore.com/law-library-essentials/1756-criminal-law-reviewer-volume-i-cloth-bound.html.

"Accused touched AAA's vagina by using his middle finger, which was then fully covered by a panty and a short pants. He ceased therefrom when AAA swayed off his hand. There being no actual insertion of accused's finger into AAA's vagina, he cannot be held liable for consummated rape by sexual assault. Neither is he liable for attempted rape through sexual assault since his acts cannot be interpreted as demonstrating an intent to actually insert his finger inside her sexual organ. However, the accused can only be held guilty of the lesser crime of acts of lasciviousness following the variance rule. (Lutap vs. People, G.R. No. 204061, February 5, 2018)

"With due respect to the Supreme Court, acts of lasciviousness is not a crime lesser than attempted rape through sexual assault. The penalty for rape through sexual assault is arresto mayor, which is two degrees lower than prison mayor prescribed if the crime is consummated. On the other hand, the penalty for acts of lasciviousness is prision correccional under Revised Penal Code. If victim is under 12 years of age, the penalty for attempted rape through sexual assault is prision mayorin its maximum period, which is two degrees lower than reclusion temporalin its medium period prescribed under RA No. 7610 if the crime is consummated. On the other hand, the penalty for acts of lasciviousness under RA No. 7610 is reclusion temporal in its medium period."

SOURCE: Lesser crime of acts of lasciviousness. MARLO CAMPANILLA. 30 December 2019. facebook.com/notes/marlo-campanilla/lesser-crime-of-acts-of-lasciviousness/3064426740243542.

In his books on penal laws, like a skillful artist, Judge Marlo went through the labyrinth of old doctrines and new principles, the difficult or doubtful questions of law and the recently promulgated Supreme Court decisions with an incisive analysis presented in a plain and simple manner which makes his book easy to read, understand, and retained in our already cluttered memory. Available in fine bookstores nationawide. https://www.rexestore.com/law-library-essentials/1756-criminal-law-reviewer-volume-i-cloth-bound.html.