G.R. No. 214673 - RIZALDO L. ORSOS, V. PEOPLE OF THE PHILIPPINES.

Ruling

Accordingly, the CA sustained the penalty imposed by the RTC but modified the amount of damages, awarding the sum of P25,000.00 as moral damages and P25,000.00 as civil indemnity. [40] However, it deleted the award for exemplary damages in the absence of any aggravating circumstances in this case. [41] Petitioner's motion for reconsideration [42] was denied in a Resolution [43] dated September 3, 2014; hence, this petition. The Issue Before the Court The sole issue for the Court's resolution is whether or not the CA erred in affirming petitioner's conviction for acts of lasciviousness under Article 336 of the RPC, as amended. The Court's Ruling The petition is bereft of merit. At the outset, it bears to emphasize the recognized rule in this jurisdiction that the assessment of the credibility of witnesses is a domain best left to the trial court judge because of his unique opportunity to observe the deportment and demeanor of a witness on the stand, a vantage point denied appellate courts; and when his findings have been affirmed by the CA, these are generally binding and conclusive upon this Court. While there are recognized exceptions to the rule, the Court found no substantial reason to overturn the identical conclusions of the trial and appellate courts on the matter of AAA's credibility. [44] Acts of lasciviousness is defined and penalized under Article 336 of the RPC, which reads: Article 336. Acts of Lasciviousness . - 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 . There must be a confluence of the following elements before conviction can be had for such crime: ( 1 ) that the offender commits any act of lasciviousness or lewdness; ( 2 ) that it is done under any of the following circumstances: ( a ) through force, threat, 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; and ( d ) when the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present; and (3) that the offended party is another person of either sex. [45] On the other hand, RA 7610 finds application when the victims of abuse, exploitation or discrimination are children or those "persons below 18 years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition." [46] Section 5 (b) thereof provides: Section 5. Child Prostitution and Other Sexual Abuse .- Children , whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group , indulge in sexual intercourse or lascivious conduct , are deemed to be children exploited in pros