Republic of the Philippines That on or about the 21st day of December 1993, at about 2:00 o'clock in the morning,

SUPREME COURT along the Bangar-Luna Road, Barangay Central West No. 2, Municipality of
Manila Bangar,Province of La Union, Philippines and within the jurisdiction of this Honorable
Court, said accused, did then and there willfully, unlawfully and feloniously and by
FIRST DIVISION means of force and intimidation commenced the commission ofrape directly byovert
acts, to wit: While private complainant AAA, an unmarried woman, fifteen (15) yearsold,
G.R. No. 166441 October 8, 2014 was sleeping inside the tentalong Bangar-Luna Road, the said accused remove her
panty and underwear and lay on top of said AAA embracing and touching her vagina
and breast with intent of having carnal knowledge of her by means of force, and if the
NORBERTO CRUZ y BARTOLOME, Petitioner,
accused did not accomplish his purpose that is to have carnal knowledge of the said
vs.
AAA it was not because of his voluntary desistance but because the said offended party
PEOPLE OF THE PHILIPPINES, Respondent.
succeeded in resisting the criminal attempt of said accused to the damage and prejudice
of said offended party.
DECISION
CONTRARY TO LAW.3
BERSAMIN, J.:
Criminal Case No. 2389
The intent of the offender to lie with the female defines the distinction between attempted Acts of Lasciviousness
rape and acts of lasciviousness. The felony of attempted rape requires such intent; the
felony of acts of lasciviousness does not. Only the direct overt acts of the offender
That on or about the 21st day of December 1993, at about 3:00 o’clock in the morning,
establish the intent to lie with the female. However, merely climbing on top of a naked
along the Bangar-Luna Road, Barangay Central West No. 2, Municipality of Bangar,
female does not constitute attempted rape without proof of his erectile penis being in a
Province of La Union, Philippines and within the jurisdiction of this Honorable Court, the
position to penetrate the female's vagina.
above-named accused with lewd design, did then and there willfully, unlawfully and
feloniously touch the vagina of [BBB]4 against the latter’s will and with no other purpose
The Case but to satisfy his lascivious desire to the damage and prejudice of said offended party.

This appeal examines the decision promulgated on July 26, 2004,1 whereby the Court CONTRARY TO LAW.5
of Appeals (CA) affirmed the conviction for attempted rape of the petitioner by the
Regional Trial Court, Branch 34, in Balaoan, La Union (RTC), and imposing on him the
Version of the Prosecution
indeterminate penalty of imprisonment of four (4) years and two (2) months of prision
correccional, as minimum, to ten (10) years of prision mayor, as maximum, and ordering
him to pay moral damages of ₱20,000.00 to AAA,2 the victim. The CA summarized the version of the Prosecution as follows:6

Antecedents x x x [Petitioner] Norberto Bartolome and [his wife] Belinda Cruz were engaged in the
selling of plastic wares and glass wares in different municipalities around the country.
On December 20, 1993, Norberto and Belinda employed AAA and BBB to help them in
The petitioner was charged in the RTC with attempted rape and acts of lasciviousness
selling their wares in Bangar, La Union which was then celebrating its fiesta. From
involving different victims. At arraignment, he pleaded not guiltyto the respective
Libsong East, Lingayen, Pangasinan to Bangar, La Union, AAA and BBB boarded a
informations, to wit: Criminal Case No. 2388
passenger jeepney owned by Norberto. The young girls were accompanied by Norberto,
Belinda, Ruben Rodriguez (driver) and a sales boy by the name of "Jess".
Attempted Rape
Upon reaching Bangar, La Union, at around 8:00 in the evening of December 20, 1993,
they parked in front of Maroon enterprises. They brought out all the goods and wares
for display. Two tents were fixed in order that they will have a place to sleep. Belinda The petitioner denied the criminal acts imputed to him. His version was presented in the
and the driver proceeded to Manila in order to get more goods to be sold. assailed decision of the CA,7 as follows:

On December 21, 1993, at around 1:00 o’clock in the morning, AAA and BBB went to In a bid to exculpate himself, accused-appellant presents a totally different version of
sleep. Less thanan hour later, AAA was awakened when she felt that somebody was the story. The accused maintains that it was not possible for him to commit the crimes
on top of her. Norberto was mashing her breast and touching her private part. AAA hurled against him. On the date of the alleged incident, there were many people around
realized that she was divested of her clothing and that she was totally naked. Norberto who were preparing for the "simbang gabi". Considering the location of the tents, which
ordered her not to scream or she’ll be killed. AAA tried to push Norberto away and were near the road and the municipal hall, he could not possibly do the dastardly acts
pleaded to have pity on her but her pleas fell on deaf ears. She fought back and kicked out in the open, not to mention the fact that once AAA and BBB would scream, the
Norberto twice. policemen in the municipal hall could hear them. He believes that the reason why the
complainants filed these cases against him was solely for the purpose of extorting
Norberto was not able to pursue his lustful desires. Norberto offered her money and told money from him.
her not totell the incident to her mother otherwise, she will be killed. AAA went out of the
tent to seek help from Jess (the house boy) but she failed to wake him up. Judgment of the RTC

Thirty minutes later, when AAA returned to their tent, she saw Norberto touching the After the joint trial of the two criminal cases, the RTC rendered its judgment on April 6,
private parts of BBB. AAA saw her companion awake but her hands wereshaking. When 2000 finding the petitioner guilty beyond reasonable doubt of attempted rape in Criminal
she finally entered the tent, Norberto left and went outside. Case No. 2388 and acts of lasciviousness in Criminal Case No. 2389,8 to wit:

Later that day, AAA and BBB narrated to Jess the incident that took place that early WHEREFORE, in the light of the foregoing, the Court hereby renders judgment
morning. Later still, while they were on their way to fetch water, AAA and BBB asked declaring the accused NORBERTO CRUZ Y BARTOLOME guilty beyond reasonable
the people around where they can find the municipal building. An old woman pointed to doubt of the crimes of ATTEMPTED RAPE and ACTS OF LASCIVIOUSNESS as
them the place. defined and penalized in Article 335 in relation with (sic) Article 6, par. 3 and Article 336
of the Revised Penal Code respectively. With respect to the crime of ATTEMPTED
In the evening of December 21, 1993, AAA and BBB went straight to the municipal hall RAPE, the Court hereby sentences the accused to suffer an indeterminate penalty of
where they met a policeman by the name of "Sabas". imprisonment from FOUR (4) YEARS and TWO (2) MONTHS PRISION
CORRECCIONAL as Minimum to TEN (10) YEARS PRISION MAYOR as Maximum
They told Sabas the sexual advances made to them by Norberto. Norberto was and the accessory penalties provided for by law and to pay the victim AAA the amount
summoned to the police station where he personally confronted his accusers. When of ₱20,000.00 as moral damages.
Norberto’s wife, Belinda, arrived at the police station, an argument ensued between
them. With regard to the crime ofACTS OF LASCIVIOUSNESS, the Court hereby sentences
the accused to suffer an indeterminate penalty of imprisonment from FOUR (4)
On December 22, 1993, at around 2:20 o’clock in the morning, the police investigator MONTHS ARRESTO MAYOR as Minimum to FOUR (4) YEARS and TWO (2) MONTHS
ordered the complainants to return at6:00 o’clock in the morning. Norberto and Belinda PRISION CORRECCIONAL as Maximum and the accessory penalties provided for by
were still able to bring AAA and BBB home with them and worked for them until law, and to pay the victim BBBthe amount of ₱10,000.00 as moral damages.
December 30, 1994, after which they were sent back to Lingayen, Pangasinan.
The preventive imprisonment suffered by the accused by reason of the two cases is
On January 10, 1994, AAA and BBB went back to La Union and executed their counted in his favor.
respective sworn statements against Norberto.
SO ORDERED.9
Version of the Defense
Decision of the CA
On appeal, the petitioner contended that the RTC gravely erred in convicting him of Issues
attempted rape despite the dubious credibility of AAA, and of acts of lasciviousness
despite the fact that BBB did not testify. In this appeal, the petitioner posits that the CA’s decision was not in accord with law or
with jurisprudence, particularly:
On July 26, 2004, the CA promulgated its decision affirming the conviction of the
petitioner for attempted rape in Criminal Case No. 2388, but acquitting him of the acts I. In giving credence to the incredulous and unbelievable testimony of the
of lasciviousness charged in Criminal Case No. 2389 due to the insufficiency of the alleged victim; and
evidence,10 holding thusly:
II. In convicting the accused notwithstanding the failure of the prosecution to
In sum, the arguments of the accused-appellant are too puerile and inconsequential as prove the guilt of the petitioner beyond reasonable doubt.
to dent, even slightly, the overall integrity and probative value of the prosecution's
evidence insofar as AAA is concerned. Anent the first issue, the petitioner assails the behavior and credibility of AAA. He argues
that AAA still continued working for him and his wife until December 30, 1994 despite
Under Article 51 of the Revised Penal Code, the penalty for an attempted felony is the the alleged attempted rape in the early morning of December 21, 1994, thereby belying
"penalty lower by two (2) degrees" prescribed by law for the consummated felony. In his commission of the crime against her; that he could not have undressed her without
this case, the penalty for rape if it had been consummated would have been reclusion rousing her if she had gone to sleep only an hour before, because her bra was locked
perpetuapursuant to Article 335 of the Revised Penalty Code, as amended by Republic at her back; that her testimony about his having been on top of her for nearly an hour
Act No. 7659. The penalty two degrees lower than reclusion perpetuais prision mayor. while they struggled was also inconceivable unless she either consented to his act and
yielded to his lust, or the incident did not happen at all, being the product only of her
Applying the Indeterminate Sentence Law, the maximum term of the penalty shall be fertileimagination; that the record does not indicate if he himself was also naked, or that
the medium period of prision mayorin the absence of any mitigating or aggravating his penis was poised to penetrate her; and that she and her mother demanded from him
circumstance and the minimum shall be within the range of the penalty nextlower to that ₱80,000.00 as settlement, under threat that she would file a case against him.12
prescribed for the offense which in this case is prision correccionalin any of its periods.
On the second issue, the petitioner assails the glaring inconsistencies in the testimony
We also find that the trial court correctly assessed the amount of ₱20,000.00 by way of of AAA that cast doubt on her veracity.
moral damages against the accused-appellant. In a rape case, moral damages may be
awarded without the need of proof or pleading since it is assumed that the private Ruling of the Court
complainant suffered moral injuries, more so, when the victim is aged 13 to 19.
The appeal is partly meritorious.
Insofar as the crime of acts of lasciviousness committed against BBB, the accused
argues that there is not enough evidence to support such accusation. BBB did not testify In an appeal under Rule 45 of the Rules of Court,13 the Court reviews only questions of
and neither her sworn statement was formally offered in evidence to support the charge law. No review of the findings of fact by the CA is involved. As a consequence of thisrule,
for acts of lasciviousness. the Court accords the highest respect for the factual findings of the trial court, its
assessment of the credibility of witnesses and the probative weight of their testimonies
In this case, the evidence adducedby the prosecution is insufficient to substantiate the and the conclusions drawn from its factual findings, particularly when they are affirmed
charge of acts of lasciviousness against the accusedappellant. The basis of the by the CA. Judicial experience has shown, indeed, that the trial courts are in the best
complaint for acts of lasciviousness is the sworn statement of BBB to the effectthat the position to decideissues of credibility of witnesses, having themselves heard and seen
accused-appellant likewise molested her by mashing her breast and touching her the witnesses and observed firsthand their demeanor and deportment and the manner
private part. However, she was not presented to testify. While AAA claims that she of testifying under exacting examination. As such, the contentionsof the petitioner on
personally saw the accused touching the private parts of BBB, there was no testimony the credibility of AAA as a witness for the State cannot beentertained. He thereby raises
to the effect that suchlascivious acts were without the consent or against the will of questions of fact that are outside the scope of this appeal. Moreover, he thereby
BBB.11
proposes to have the Court, which is not a trier of facts, review the entire evidence that they are aimed at the consummation of a crime. Acts susceptible of double
adduced by the Prosecution and the Defense. interpretation, that is, in favor as well as against the culprit, and which show an innocent
aswell as a punishable act, must not and cannot furnish grounds by themselves for
Conformably with this limitation, our review focuses only on determining the question of attempted or frustrated crimes. The relation existing between the facts submitted for
law of whether or not the petitioner’s climbing on top of the undressed AAA such thatthey appreciation and the offense of which said facts are supposed to produce must be direct;
faced each other, with him mashing her breasts and touching her genitalia with his the intention must be ascertainedfrom the facts and therefore it is necessary, in order
hands, constituted attempted rape, the crime for which the RTC and the CA convicted to avoid regrettable instance of injustice, that the mind be able to directly infer from them
and punished him. Based on the information, supra, he committed such acts "with intent the intention of the perpetrator to cause a particular injury. This must have been the
of having carnal knowledge ofher by means of force, and if the accused did not intention of the legislator in requiring that in order for an attempt to exist, the offender
accomplish his purpose that is to have carnal knowledge of the said AAA it was not must commence the commission of the felony directly by overt acts, that is to say, that
because of his voluntary desistance but because the said offended party succeeded in the acts performed must be such that, withoutthe intent to commit an offense, they would
resisting the criminal attempt of said accused to the damage and prejudice of said be meaningless."15
offended party."
To ascertain whether the acts performed by the petitioner constituted attempted rape,
There is an attempt, according to Article 6 of the Revised Penal Code, when the offender we have to determine the law on rape in effect on December 21, 1993, when the
commences the commission of a felony directly by overt acts, and does not perform all petitioner committed the crime he was convicted of. That law was Article 335 of the
the acts of execution which should produce the felony by reason of some cause or Revised Penal Code, which pertinently provided as follows:
accident other than this own spontaneous desistance. In People v. Lamahang,14 the
Court, speaking through the eminent Justice Claro M.Recto, eruditely expounded on Article335. When and how rape is committed. — Rape is committed by having carnal
what overt acts would constitute anattempted felony, to wit: knowledge of a woman under any of the following circumstances:

It is our opinion that the attempt to commit an offense which the Penal Code punishes 1. By using force or intimidation;
is that which has a logical relation to a particular, concrete offense; that, which is the
beginning of the execution of the offense by overt acts of the perpetrator, leading directly 2. When the woman is deprived ofreason or otherwise unconscious; and
to its realization and consummation. The attempt to commit an indeterminate offense,
inasmuch as its nature in relation to its objective is ambiguous, is not a juridical fact from 3. When the woman is under twelve years of age, even though neither of the
the standpoint of the Penal Code. xxxx But it is not sufficient, for the purpose of imposing circumstances mentioned in the two next preceding paragraphs shall be
penal sanction, that an act objectively performed constitute a mere beginning of present.
execution; it is necessary to establish its unavoidable connection, like the logical and
natural relation of the cause and its effect, with the deed which, upon its consummation,
xxxx
will develop into one of the offenses defined and punished by the Code; it is necessary
to prove that said beginning of execution, if carried to its complete termination following
its natural course, without being frustrated by external obstacles nor by the voluntary The basic element of rape then and now is carnal knowledge of a female. Carnal
desistance of the perpetrator, will logically and necessarily ripen into a concrete offense. knowledge isdefined simply as "theact of a man having sexual bodily connections with
x x x x. a woman,"16 which explains why the slightest penetration of the female genitalia
consummates the rape. In other words, rape is consummated once the peniscapable of
consummating the sexual act touches the external genitalia of the female.17 In People v.
"It must be borne in mind (I Groizard, p. 99) that in offenses not consummated, as the
Campuhan,18 the Court has defined the extent of "touching" by the penis in rape in the
material damage iswanting, the nature of the action intended (accion fin) cannot exactly
following terms:
be ascertained, but the same must be inferred from the nature of the acts of execution
(accion medio). Hence, the necessity that these acts be such that by their very nature,
by the facts to which they are related, by the circumstances of the persons performing [T]ouching when applied to rape cases does not simply mean mere epidermal contact,
the same, and by the things connected therewith, they must show without any doubt, stroking or grazing of organs, a slight brush or a scrape of the penis on the external
layer of the victim’s vagina, or the mons pubis, as in this case. There must be sufficient
and convincing proof that the penis indeedtouched the labias or slid into the female if carried out to its complete termination following its natural course, without being
organ, and not merely stroked the external surface thereof, for an accused to be frustrated by external obstacles nor by the spontaneous desistance of the perpetrator,
convicted of consummated rape. As the labias, which are required to be "touched" bythe will logically and necessarily ripen into a concrete offense. The raison d’etrefor the law
penis, are by their natural situsor location beneath the mons pubisor the vaginal surface, requiring a direct overtact is that, in a majority of cases, the conduct of the accused
to touch them with the penis is to attain some degree of penetration beneath the surface, consisting merely of acts of preparation has never ceased to be equivocal; and this is
hence, the conclusion that touching the labia majora or the labia minora of the necessarily so, irrespective of his declared intent. It is that quality of being equivocal
pudendum constitutes consummated rape. that must be lacking before the act becomes one which may be said to be a
commencement of the commission of the crime, or an overt act or before any fragment
The pudendumor vulvais the collective term for the female genital organs that are visible of the crime itself has been committed, and this is so for the reason that so long as the
in the perineal area, e.g., mons pubis, labia majora, labia minora, the hymen, the clitoris, equivocal quality remains, no one can say with certainty what the intent of the accused
the vaginal orifice, etc. The mons pubisis the rounded eminence that becomes hairy is.It is necessary that the overt act should have been the ultimate step towards the
after puberty, and is instantly visible within the surface. The next layer is the labia consummation of the design. It is sufficient if it was the "first or some subsequent step
majoraor the outer lips of the female organ composed of the outer convex surface and in a direct movement towards the commission of the offense after the preparations are
the inner surface. The skin of the outer convex surface is covered with hair follicles and made." The act done need not constitute the last proximate one for completion. It is
is pigmented, while the inner surface is a thin skin which does not have any hair but has necessary, however, that the attempt must have a causal relation to the intended crime.
many sebaceous glands. Directly beneath the labia majorais the labia minora. In the words of Viada, the overt acts must have an immediate and necessary relation to
Jurisprudence dictates that the labia majoramust be entered for rape to be the offense. (Bold emphasis supplied)
consummated, and not merely for the penis to stroke the surface of the female organ.
xxxx Thus, a grazing of the surface of the female organ or touching the mons pubisof In attempted rape, therefore, the concrete felony is rape, but the offender does not
the pudendum is not sufficient to constitute consummated rape. Absent any showing of perform all the acts of execution of having carnal knowledge. If the slightest penetration
the slightest penetration of the female organ, i.e., touching of either labia of the of the female genitalia consummates rape, and rape in its attempted stage requires the
pudendumby the penis, there can be no consummated rape; at most, it can only be commencement of the commission of the felony directly by overt actswithout the
attempted rape, if not acts of lasciviousness. [Bold emphasis supplied] offender performing all the acts of execution that should produce the felony, the only
means by which the overt acts performed by the accused can be shown to have a causal
It is noteworthy that in People v. Orita,19 the Court clarified that the ruling in People v. relation to rape as the intended crime is to make a clear showing of his intent to lie with
Eriñia20 whereby the offender was declared guilty of frustrated rapebecause of lack of the female. Accepting that intent, being a mental act, is beyond the sphere of criminal
conclusive evidence of penetration of the genital organ of the offended party, was a law,23 that showing must be through his overt acts directly connected with rape. He
stray decisionfor not having been reiterated in subsequent cases. As the evolving case cannot be held liable for attempted rape withoutsuch overt acts demonstrating the intent
law on rape stands, therefore, rape in its frustrated stage is a physical impossibility, to lie with the female. In short, the State, to establish attempted rape, must show that
considering that the requisites of a frustrated felony under Article 6 of the Revised Penal his overt acts, should his criminalintent be carried to its complete termination without
Codeare that: (1) the offender has performed all the acts of execution which would being thwarted by extraneous matters, would ripen into rape,24 for, as succinctly put in
produce the felony; and (2) that the felony is not produced due to causes independent People v. Dominguez, Jr.:25 "The gauge in determining whether the crime of attempted
of the perpetrator’s will. Obviously, the offender attains his purpose from the moment rape had been committed is the commencement of the act of sexual intercourse, i.e.,
he has carnal knowledge of his victim, because from that moment all the essential penetration of the penis into the vagina, before the interruption."
elements of the offense have been accomplished, leaving nothing more to be done by
him.21 The petitioner climbed on top of the naked victim, and was already touching her genitalia
with his hands and mashing her breasts when she freed herself from his clutches and
Nonetheless, rape admits of an attempted stage. In this connection, the character of the effectively ended his designs on her. Yet, inferring from such circumstances thatrape,
overt actsfor purposes of the attempted stage has been explained in People v. Lizada:22 and no other,was his intended felony would be highly unwarranted. This was so, despite
his lust for and lewd designs towards her being fully manifest. Such circumstances
An overt or external act is defined as some physical activity or deed, indicating the remained equivocal, or "susceptible of double interpretation," as Justice Recto put in
intention to commit a particular crime, more than a mere planning or preparation, which People v. Lamahang, supra, such that it was not permissible to directly infer from them
the intention to cause rape as the particular injury. Verily, his felony would not
exclusively be rapehad he been allowed by her to continue, and to have sexual congress reasonable doubt, he was guilty only of acts of lasciviousness, not attempted rape. His
with her, for some other felony like simple seduction (if he should employ deceit to have embracing her and touching her vagina and breasts did not directly manifest his intent
her yield to him)26 could also be ultimate felony. to lie with her. The lack of evidence showing his erectile penis being in the position to
penetrate her when he was on top of her deterred any inference about his intent to lie
We clarify that the direct overt acts of the petitioner that would have produced attempted with her. At most, his acts reflected lewdness and lust for her.
rape did not include equivocal preparatory acts. The former would have related to his
acts directly connected to rape as the intended crime, but the latter, whether external or The intent to commit rape should not easily be inferred against the petitioner, even from
internal, had no connection with rape as the intended crime. Perforce, his perpetration his own declaration of it, if any, unless he committed overt acts directly leading to rape.
of the preparatory acts would not render him guilty of an attempt to commit such felony.27 A good illustration of this can be seen in People v. Bugarin,34 where the accused was
His preparatory acts could include his putting up of the separate tents, with one being charged with attempted rape through an information alleging that he, by means of force
for the use of AAA and BBB, and the other for himself and his assistant, and his allowing and intimidation, "did then and there willfully, unlawfully and feloniously commence the
his wife to leave for Manila earlier that evening to buy more wares. Such acts, being commission of the crime of Rape directly by overt acts, by then and there kissing the
equivocal, had no direct connection to rape. As a rule, preparatory acts are not nipples and the vagina of the undersigned [complainant], a minor, and about to lay on
punishable under the Revised Penal Codefor as long as they remained equivocal or of top of her, all against her will, however, [he] did not perform all the acts of execution
uncertain significance, because by their equivocality no one could determine with which would have produced the crime of Rape by reason of some causes other than his
certainty what the perpetrator’s intent really was.28 own spontaneous desistance, that is, undersigned complainant push[ed] him away."
The accused was held liable only for acts of lasciviousness because the intent to commit
If the acts of the petitioner did not constitute attempted rape, did they constitute acts of rape "is not apparent from the actdescribed," and the intent to have sexual intercourse
lasciviousness? with her was not inferable from the act of licking her genitalia. The Court also pointed
out that the "act imputed to him cannot be considered a preparatory act to sexual
It is obvious that the fundamental difference between attempted rape and acts of intercourse."35
lasciviousness is the offender’sintent to lie with the female. In rape, intent to lie with the
female is indispensable, but this element is not required in acts of lasciviousness. 29 Pursuant to Article 336 of the Revised Penal Code, the petitioner, being guilty of acts of
Attempted rape is committed, therefore, when the "touching" of the vagina by the penis lasciviousness, is punished with prision correccional. In the absence of modifying
is coupled with the intent to penetrate. The intent to penetrate is manifest only through circumstances, prision correccional is imposed in its medium period, which ranges from
the showing of the penis capable of consummating the sexual act touching the external two (2) years, four (4) months and one day to four (4) years and two (2) months. Applying
genitalia of the female.30 Without such showing, only the felony of acts of lasciviousness the Indeterminate Sentence Law, the minimum of the penalty should come from arresto
is committed.31 mayor, the penalty next lower than prision correccionalwhich ranges from one (1) month
to six (6) months. Accordingly, the Court fixes the indeterminate sentence of three (3)
Based on Article 336 of the Revised Penal Code, the felony of acts of lasciviousness is months of arresto mayor, as the minimum, to two (2) years, four (4) months and one
consummated whenthe following essential elements concur, namely: (a) the offender day of prision correccional, as the maximum.
commits any act of lasciviousness or lewdness upon another person of either sex; and
(b) the act of lasciviousness or lewdness is committed either (i) by using force or In acts of lasciviousness, the victim suffers moral injuries because the offender violates
intimidation; or (ii) when the offended party is deprived ofreason or is otherwise her chastity by his lewdness. "Moral damages include physical suffering, mental
1âwphi1

unconscious; or (iii) when the offended party is under 12 years of age.32 In that regard, anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock,
lewdis defined as obscene, lustful, indecent, lecherous; it signifies that form of social humiliation, and similar injury. Though incapable of pecuniary computation, moral
immorality that has relation to moral impurity; or that which is carried on a wanton damages may be recovered if they are the proximate result of the defendant's wrongful
manner.33 act for omission."36 Indeed, Article 2219, (3), of the Civil Code expressly recognizes the
right of the victim in acts of lasciviousness to recover moral damages.37 Towards that
The information charged that the petitioner "remove[d] her panty and underwear and end, the Court, upon its appreciation of the record, decrees that ₱30,000.00 is a
la[id] on top of said AAA embracing and touching her vagina and breast." With such reasonable award of moral damages.38 In addition, AAA was entitled to recover civil
allegation of the information being competently and satisfactorily proven beyond a indemnity of ₱20,000.00.39
Under Article 2211 of the Civil Code, the courts are vested with the discretion to impose
interest as a part of the damages in crimes and quasidelicts. In that regard, the moral
damages of ₱20,000.00 shall earn interest of 6% per annum reckoned from the finality
of this decision until full payment.40

WHEREFORE, the Court FINDS and PRONOUNCES petitioner NORBERTO CRUZ y

SO ORDERED.

LUCAS P. BERSAMIN
Associate Justice

WE CONCUR:

MARIA LOURDES P. A. SERENO

TERESITA J. LEONARDO-DE
JOSE PORTUGAL PEREZ
CASTRO
Associate Justice
Associate Justice

ESTELA M. PERLAS-BERNABE
Associate Justice

CERTIFICATION

Pursuant to Section 13, Article VIII of the Constitution, I certify that the conclusions in
the above Decision had been reached in consultation before the case was assigned to
the writer of the opinion of the Court's Division.

MARIA LOURDES P. A. SERENO