Article 336 of the Revised Penal Code: Acts of lasciviousness
Status: In force
What does Article 336 say?
Any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the preceding article, shall be punished by prision correccional.
What does it mean in plain language?
Article 336 punishes any act of lasciviousness committed on another person, man or woman, under the circumstances that the law lists. The penalty is prision correccional, from 6 months and 1 day to 6 years. When the victim is a child, the Supreme Court has applied Republic Act No. 7610, Section 5(b), which carries heavier penalties.
The full text:
Any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the preceding article, shall be punished by prision correccional.
How does it work in real life?
Tess: a co-worker who used force
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. The penalty is prision correccional. Whether the act was lascivious and whether force was used is decided by the court on the evidence.
What does this mean in practice?
- Reporting. Complaints can be brought to the police or to the prosecutor. See the PNP guides.
- Related laws. When the offender is a husband, partner or former partner of a woman, Republic Act No. 9262 may also apply. See how to file a VAWC case.
- Prescription. Crimes punishable by a correctional penalty such as prision correccional prescribe in ten years under Article 90.
- Legal help. For questions about a specific situation, see find legal help.
- For a question-and-answer guide, see acts of lasciviousness: meaning and penalty.
What are the elements of acts of lasciviousness?
The article refers to "the circumstances mentioned in the preceding article". That preceding article, Article 335 on rape, was repealed by Republic Act No. 8353 (1997), which placed the rules on rape in Articles 266-A to 266-D. So the circumstances are taken from how the Supreme Court reads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 this way:
- The offender commits any act of lasciviousness or lewdness.
- 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.
- The offended party is another person of either sex.
Tulagan was decided before Republic Act No. 11648 (2022), which raised from twelve to sixteen the age in the statutory rape provision and in Section 5(b) of RA 7610. Whether courts now read the third circumstance with the new age is a question for the courts.
When does RA 7610 apply instead?
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 listed its elements: the act of sexual intercourse or lascivious conduct; done with a child exploited in prostitution or subjected to other sexual abuse; and the child, male or female, is below 18 years of age.
Caoili set guidelines on which law and penalty apply, and Tulagan restated them. Under those guidelines:
| Victim | Crime as named by the Court | Penalty |
|---|---|---|
| Under 12 years of age | Acts of Lasciviousness under Article 336 in relation to Section 5(b) of RA 7610 | Reclusion temporal in its medium period |
| 12 to below 18, or 18 or older but unable to fully take care of or protect himself or herself because of a physical or mental disability or condition | Lascivious Conduct under Section 5(b) of RA 7610 | Reclusion temporal in its medium period to reclusion perpetua |
| 18 or older (other cases) | Acts of Lasciviousness under Article 336 | Prision correccional |
Republic Act No. 11648 (2022) later amended 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 above shows the guidelines as Tulagan stated them, before that change. How courts apply the bands after RA 11648 depends on later rulings.
What damages can the victim receive?
In Tulagan, the Supreme Court set standard amounts. For acts of lasciviousness under Article 336 against a victim of legal age: ₱20,000 as civil indemnity, ₱20,000 as moral damages and ₱20,000 as exemplary damages. For cases under Section 5(b) of RA 7610, the amounts are higher: ₱50,000 each, or ₱75,000 each when reclusion perpetua is imposed in a case of lascivious conduct under Section 5(b).
Frequently asked questions
What is the penalty for acts of lasciviousness in the Philippines?
Article 336 sets prision correccional, which runs from 6 months and 1 day to 6 years. When the victim is a child, the Supreme Court has applied Republic Act No. 7610, Section 5(b), which carries heavier penalties.
What are the elements of acts of lasciviousness?
In People v. Tulagan (2019), the Supreme Court listed them: the offender commits an act of lasciviousness or lewdness; it is done by force or intimidation, when the victim is deprived of reason or otherwise unconscious, or when the victim is under the age set by law; and the victim is another person of either sex.
Can a man be a victim of acts of lasciviousness?
Yes. Article 336 covers acts "upon other persons of either sex".
Does RA 7610 apply when the victim is a minor?
The Supreme Court has applied RA 7610, Section 5(b), when the victim is under 18. Under the guidelines in People v. Tulagan (2019), Article 336 alone, with prision correccional, applies only when the victim is 18 or older. Republic Act No. 11648 (2022) later changed the age in the Section 5(b) proviso from twelve to sixteen.
What damages can the victim receive?
In People v. Tulagan (2019), the Supreme Court set ₱20,000 as civil indemnity, ₱20,000 as moral damages and ₱20,000 as exemplary damages for acts of lasciviousness under Article 336 against a victim of legal age. Higher amounts apply in cases under RA 7610.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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