SOMBILON, JR., vs.

PEOPLE
GR No. 175528 September 30, 2009
Leonardo-De Castro
SUBJECT: Article 336 (Acts of Lasciviousness)
FACTS:
Jovelyn Puerin, 15 year old minor, was investigated by Appellant at the Calinan Police Station,
Davao City in connection with a complaint of theft. Jovelyn alleged that Appellant, in conducting
the investigation, took her inside a room and locked it. They stayed in the room for an hour
where the appellant electrocuted and sexually molested Jovelyn.
Thereafter, they went out of the room where appellant announced to P03 Mendez and Aileen
Dagic that she already admitted having stolen the necklace. The police officer allowed Jovelyn
and her mother to go home on the condition that they would pay the value of the necklace.
Because Jovelyn was trembling and crying, Mrs. Puerin brought her to the Medical Clinic of St.
Luke where she was given a tranquilizer in order to clam down. Upon regaining composure, she
revealed that she was electrocuted and sexually molested by petitioner.
The petitioner was then charged with the crime of Acts of Lasciviousness, under Art. 336, in
relation to Art. 344 of the RPC.
RTC Davao: Guilty of acts of lasciviousness with aggravating circumstance of petitioners taking
advantage of his public position.
CA: Affirmed
Petitioners defense:
As he admits merely touching the victim, petitioner argues that the act of touching did not
constitute lewdness.
He could only be convicted of unjust vexation.
While the victim was being touched, the latter tried to cover her body with her arms.
The police station does not favor the perpetration of the crime of acts of lasciviousness.
ISSUE: WON Sombilon, Jr. is guilty of acts of lasciviousness.
HELD: YES!
Under Art. 336 of the RPC, the elements of Acts of lasciviousness are as follows:
(1) the offender commits any act of lasciviousness or lewdness;
(2) the act of lasciviousness is committed against a person of either sex;
(3) It is done under the following circumstances:
a) By using force or intimidation;
b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; or
d) When the offended party is under 12 years of age or is demented.
The term lewd is commonly defined as something indecent or obscene; it is characterized by
or intended to excite crude sexual desire. What constitutes lewd or lascivious conduct must be
determined from the circumstance of each case.
The petitioners acts of kissing the victim, fondling her breast and touching her private parts
constitutes lascivious conduct and cannot be viewed as mere unjust vexation. The intention of the
petitioner was not merely to annoy or irritate the victim nor to force her to confess the theft. He
could have easily achieved that when he electrocuted the latter. Instead, petitioner intended to
gratify his sexual desires.

Also, it is not necessary that the intimidation be irresistible. It being sufficient that some
compulsion equivalent to intimidation annuls or subdues the free exercise of the will of the
offended party. Here, the victim was locked inside a windowless room together with her
aggressor who poked a gun at her forehead. Even a grown man would be paralyzed with fear if
threatened at gunpoint, what more the hapless victim who was only 15 years old when she was
subjected to such atrocity.
The presence of other policemen on duty and of the victim's mother outside the room where the
incident took place does not render commission of the offense impossible. It has been shown that
there was a room in the precinct which, except for two doors which could be locked, was totally
enclosed.
Since the generic aggravating circumstance of taking advantage of public position was not
alleged in the information, it cannot be appreciated as an aggravating circumstance.
Consequently, the penalty imposed must be modified.