Acts of Lasciviousness: Meaning and Penalty

The whole article is one sentence:

"The preceding article" was Article 335 on rape. Republic Act No. 8353 (1997) repealed it and moved the rules on rape to Articles 266-A to 266-D. So today the circumstances are taken from how the Supreme Court reads Article 336.

In People v. Tulagan (2019), the Supreme Court, sitting En Banc, listed the elements:

1. The offender commits any act of lasciviousness or lewdness.
2. It is done under any of these circumstances:
   • by using force or intimidation;
   • when the offended party is deprived of reason or otherwise unconscious; or
   • when the offended party is under 12 years of age.
3. The offended party is another person of either sex.

Tulagan was decided before Republic Act No. 11648 (2022), which raised the age in the statutory rape provision from twelve to sixteen. Whether courts now read the third circumstance with the new age is for the courts to settle.

The range comes from Article 27. The court fixes the exact sentence within it.

Republic Act No. 7610 protects children. Its Section 5(b) punishes sexual intercourse or lascivious conduct "with a child exploited in prostitution or subjected to other sexual abuse". In People v. Caoili (2017), the Supreme Court said its elements are: the act of sexual intercourse or lascivious conduct; done with a child exploited in prostitution or subjected to other sexual abuse; and the child is below 18 years of age.

Caoili set guidelines on which law and penalty apply, and Tulagan restated them:

Tulagan put it this way: only when the victim is 18 or older is the crime called acts of lasciviousness under Article 336, with prision correccional.

Republic Act No. 11648 (2022) later changed the proviso of Section 5(b): where it said "under twelve (12) years of age", it now says "under sixteen (16) years of age". The table shows the guidelines as Tulagan stated them, before that change. How the courts apply the age bands after RA 11648 depends on later rulings.

In Tulagan, the Supreme Court set standard amounts:

These are the amounts the Court set in that ruling. The trial court awards damages in each case.

For a case under Article 336, the penalty is prision correccional, a correctional penalty. Under Article 90, crimes punishable by a correctional penalty prescribe in ten years. Cases under RA 7610 follow other rules and are not covered here. See prescription of crimes.

This is a made-up example to show how the rule works. It is not advice for any real case.

Tess, an adult, is held down by a co-worker who touches her in a lewd way against her will. The act was done by force, and Tess is of legal age, so Article 336 applies, with prision correccional. Whether the act was lewd and whether force was used is decided by the court on the evidence.

If the victim had been a child, the case would fall under the RA 7610 rules above, with heavier penalties.

A complaint can be brought to the police or to the prosecutor. See the PNP guides. When the offender is a woman's husband, partner or former partner, Republic Act No. 9262 may also apply: see how to file a VAWC case. Annoying acts that are not lewd may be unjust vexation instead.

Talk to a lawyer as early as possible, especially when the victim is a child, because the choice between Article 336 and RA 7610 changes the penalty and the procedure. An accused person also needs a lawyer to answer the charge. If you cannot afford one, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.