EN BANC[ G.R. No. 143468-71, January 24, 2003 ]THE PEP!E " THE PH#!#PP#NE$, P!A#NT#""-APPE!!EE, %$."REEE !#'A&A ( "REE !#'A&A, ACC)$E&-APPE!!ANT.& E C # $ #NCA!!EJ, $R., J.* This is an automatic review of the Decision[1] of the Regional Trial Court of Manila, Branch 54, finding accuseda!!ellant "reedie #i$ada guilt% &e%ond reasona&le dou&tof four '4( counts of )ualified ra!e and meting on him the death !enalt% for each count*+* The Charges,ccuseda!!ellant[-] was charged with four '4( counts of )ualified ra!e under four se!arate +nformations* The accusator% !ortion of each of the four +nformations reads./That sometime in ,ugust 1001 in the Cit% of Manila, 2hili!!ines, the said accused, with lewd designs, did then and there willfull%, unlawfull% and feloniousl%, &% meansof force, violence and intimidation u!on the !erson of one ,3,#+, 4R+##45, % ,644, &% then and there em&racing her, 7issing and touching her !rivate !arts, thereafter removing her s7irt and !ant%, !lacing himself on to! of her and tr%ing to insert his !enis into her vagina and succeeded in having carnal 7nowledge with the said ,3,#+, 4R+##45, % ,644, against her will and consent*Contrar% to law*8 8 8That on or a&out 3ovem&er 5, 1001, in the Cit% of Manila, 2hili!!ines, the said accused, with lewd designs, did then and there willfull%, unlawfull% and feloniousl%, &% means of force, violence and intimidation u!on the !erson of one ,3,#+, 4R+##45, 9 ,644, &% then and there em&racing her, 7issing and touching her !rivate !arts, thereafter removing her s7irt and !ant%, !lacing himself on to! of her and tr%ing to insert his !enis into her vagina and succeeded in having carnal 7nowledge with the said ,3,#+, 4R+##45, 9 ,644, against her will and consent*Contrar% to law*8 8 8That on or a&out 4cto&er --, 1001, in the Cit% of Manila, 2hili!!ines, the said accused, with lewd designs, did then and there willfull%, unlawfull% and feloniousl%, &% means of force, violence and intimidation u!on the !erson of one ,3,#+, 4R+##45, 9 ,644, &% then and there em&racing her, 7issing and touching her !rivate !arts, thereafter removing her s7irt and !ant%, !lacing himself on to! of her and tr%ing to insert his !enis into her vagina and succeeded in having carnal 7nowledge with the said ,3,#+, 4R+##45, 9 ,644, against her will and consent*Contrar% to law*8 8 8That on or a&out 5e!tem&er 15, 1001, in the Cit% of Manila, 2hili!!ines, the said accused, with lewd designs, did then and there willfull%, unlawfull% and feloniousl%, &% means of force, violence and intimidation u!on the !erson of one ,3,#+, 4R+##45, 9 ,644, &% then and there em&racing her, 7issing and touching her !rivate !arts, thereafter removing her s7irt and !ant%, !lacing himself on to! of her and tr%ing to insert his !enis into her vagina and succeeded in having carnal 7nowledge with the said ,3,#+, 4R+##45, 9 ,644, against her will and consent*Contrar% to law*:[;]The four '4( +nformations were doc7eted as Criminal Cases 3os* 001ust done to her*4n 3ovem&er 0, 1001, at a&out ;.== !*m*, Rose left the house* ,ccuseda!!ellant was in the sala of the house watching television* ,nalia tended the video sho!* Cowever, accuseda!!ellant told ,nalia to go to the sala* 5he refused, as no&od% would tend the video sho!* This infuriated accuseda!!ellant who threatened to sla! and 7ic7 her*,nalia ignored the invectives and threats of accuseda!!ellant and sta%ed in the video sho!* Dhen Rose returned, a heated argument ensued &etween accuseda!!ellant and ,nalia* Rose sided with her !aramour and hit ,nalia* This !rom!ted ,nalia to shout* /Ayoko na, ayoko na.: 5hortl% thereafter, Rose and ,nalia left the house on &oard the motorc%cle driven &% her mother in going to Don Bosco 5treet, Moriones, Tondo, Manila, to retrieve some ta!es which had not %et &een returned* Dhen Rose in)uired from her daughter what she meant &% her statement, ayoko na, ayoko na, she told her mother that accuseda!!ellant had &een touching the sensitive !arts of her &od% and that he had &een on to! of her* Rose was shoc7ed and incensed* The two !roceeded to Kagawad Danilo 5antos to have accuseda!!ellant !laced under arrest* 4n 3ovem&er 1=, 1001, the two !roceeded to the Destern 2olice District where ,nalia gave her ,ffidavitCom!laint to 241 Carmelita 3ocum in the !resence of 524- "e C* ,vindante* 5he related to the !olice investigator that accuseda!!ellant had touched her &reasts and arms in ,ugust, 1001, 5e!tem&er 15, 1001, 4cto&er --, 1001 and on 3ovem&er 5, 1001, at ;.== !*m* ,nalia then su&mitted herself to genitalia eEamination &% Dr* ,rmie Fmil, a medicolegal officer of the 3B+* The medicolegal officer interviewed ,nalia, told him that she was ra!ed in Ma%, 100< at ;.== !*m* and 3ovem&er 5, 1001 at ;.== !*m*[1]Dr* Fmil !re!ared and signed a re!ort on /#iving Case 3o* M4011-A5: which contained her findings during her eEamination on ,nalia, thus./E E E"airl% nourished, conscious, coherent, coo!erative, am&ulator% su&>ect* Breasts, develo!ed, hemis!herical, firm* , &rown, ;*= cms* in diameter* 3i!!les &rown, !rotruding, =*< cms* in diameter*3o eEtragenital !h%sical in>uries noted*6?3+T,# ?8,M+3,T+43.2u&ic hair, full% grown, moderate* #a&ia ma>ora and minora, coa!tated* "ourchette, tense* Geti&ular mucosa, !in7ish* C%men, tall, thic7, intact* C%menal orifice measures, 1*5 cms* in diameter* Gaginal walls, tight* Rugosities, !rominent*C43C#F5+435.1(* 3o evident sign of eEtragenital !h%sical in>uries noted on the &od% of the su&>ectat the time of eEamination*-(* C%men, intact and its orifice small '1*5 cms* in diameter( as to !reclude com!lete !enetration &% an averagesi$ed adult "ili!ino male organ in full erection without !roducing an% genital in>ur%*:[0]5u&se)uentl%, ,nalia told her mother that mabuti na lang iyong panghihipo lang ang sinabi ko. Dhen Rose in)uired from her daughter what she meant &% her statement, ,nalia revealed to her mother that accuseda!!ellant had seEuall% a&used her* 4n Decem&er 15, 1001, ,nalia eEecuted a Dagdag na Salaysay ng Paghahabla and charged accuseda!!ellant with ra!e*[1=]+++* The Defenses and ?vidence of ,ccused,!!ellant,ccuseda!!ellant testified in his defense* Ce declared that after a month of courtshi!, he and Rose agreed in 1004 to live together as hus&and and wife* Ce was then a utilit% wor7er with the 3avotas Branch of the 2hili!!ine Ban7ing Cor!oration* Rose, on the other hand, was a waitress at the 6olden Bird &eer houseat Ri$al ,venue, Manila*,ccuseda!!ellant denied having ra!ed ,nalia* Ce claimed that he loved the children of Rose as if the% were his own children* Ce too7 care of them, as in fact he coo7ed and !re!ared their food &efore the% arrived home from school* ,t times, he ironed their school uniforms and &athed them, eEce!t ,nalia who was alread% &ig* ,nalia was hardheaded &ecause she diso&e%ed him whenever he ordered her to do some errands* Because of ,naliaHs mis&ehavior, accuseda!!ellant and Rose oftentimes )uarreled* Rose even demanded that accuseda!!ellant leave their house* ,nother irritant in his and RoseHs lives were the fre)uent visits of the relatives of her hus&and*5ometime in 100o&*+G* The Gerdict4n Ma% -0, -===, the trial court rendered >udgment against accuseda!!ellant finding him guilt% &e%ond reasona&le dou&t of four '4( counts of ra!e, defined and !enali$ed in the seventh !aragra!h, no* 1, ,rt* ;;5 of the Revised 2enal Code, and meted on him the death !enalt% for each count* The dis!ositive !ortion of the decision reads./"rom all the evidence su&mitted &% the !rosecution, the Court concludes that the accused is guilt% &e%ond reasona&le dou&t of the crime charged against him in these four '4( cases, convicts him thereof, and sentences him to D?,TC 2?3,#T9 ineach and ever% case as !rovided for in the seventh !aragra!h, no* 1, ,rticle ;;5 of the Revised 2enal Code*54 4RD?R?D*:[11]G* ,ssigned ?rrors of the Trial Court,ccuseda!!ellant assailed the decision of the court a )uo and averred in his &rief that./TC? TR+,# C4FRT 6R,G?#9 ?RR?D +3 34T M,I+36 , "+3D+36 4" ",CT +3 +T5 D?C+5+43 ,3D 5FCC ",+#FR? +5 , R?G?R5+B#? ?RR4R*:[1-]8 8 8/TC? TR+,# C4FRT 6R,G?#9 ?RR?D +3 C43G+CT+36 ,CCF5?D,22?##,3T 4" "4FR '4( C4F3T5 4" R,2? D?52+T? ",+#FR? 4" TC? 2R45?CFT+43 T4 2R4G? C+5 6F+#T B?943D R?,543,B#? D4FBT*[1;]G+* "indings of the Court4n the first assignment of error, accuseda!!ellant contends that the decision of thetrial court is null and void as it failed to com!l% with the re)uirements of 5ection 14, ,rticle G+++ of the 101< Constitution and 5ection 1, Rule ;A of the 100< Rules ofCivil 2rocedure, as amended* Ce avers that the court a quo made no findings of facts in its decision* The trial court merel% summari$ed the testimonies of the witnesses of the !rosecution and those of accuseda!!ellant and his witnesses, and forthwith set forth the decretal !ortion of said decision* The trial court even failed tostate in said decision the factual and legal &asis for the im!osition of the su!reme !enalt% of death on him* The 5olicitor 6eneral, on the other hand, argues that thereshould &e no mechanical reliance on the constitutional !rovision* Trial courts ma% wellnigh s%nthesi$e and sim!lif% their decisions considering that courts are harassed &% crowded doc7ets and time constraints* ?ven if the trial court did not elucidate the grounds as the legal &asis for the !enalties im!osed, nevertheless the decision is valid* +n an% event, the 5olicitor 6eneral contends that des!ite the infirmit% of the decision, there is no need to remand the case to the trial court for com!liance with the constitutional re)uirement as the Court ma% resolve the case on its merits to avoid dela% in the final dis!osition of the case and afford accuseda!!ellant his right to a s!eed% trial*The contention of accuseda!!ellant is wellta7en* ,rticle G+++, !aragra!h 14 of the 101< Constitution !rovides that /no decision shall &e rendered &% an% court withouteE!ressing therein clearl% and distinctl% the facts and the law on which it is &ased*: This re)uirement is reiterated and im!lemented &% Rule 1-=, 5ection - of the 1015 Rules on Criminal 2rocedure, as amended, which reads./5?C* -* orm and !ontents of "udgment*JThe >udgment must &e written in the official language, !ersonall% and directl% !re!ared &% the >udge and signed &% him and shall contain clearl% and distinctl% a statement of the facts !roved or admitted &% the accused and the law u!on which the >udgment is &ased*+f it is of conviction, the >udgment shall state #a$ the legal )ualification of the offense constituted &% the acts committed &% the accused, and the aggravating or mitigating circumstances attending the commission thereof, if there are an%@ #b$ the !artici!ation of the accused in the commission of the offense, whether as !rinci!al, accom!lice, or accessor% after the fact@ #!$ the !enalt% im!osed u!on the accused@ and #d$ the civil lia&ilit% or damages caused &% the wrongful act to &e recovered from the accused &% the offended !art%, if there is an%, unless the enforcement of the civil lia&ilit% &% a se!arate action has &een reserved or waived*:[14]The !ur!ose of the !rovision is to inform the !arties and the !erson reading the decision on how it was reached &% the court after consideration of the evidence of the !arties and the relevant facts, of the o!inion it has formed on the issues, and ofthe a!!lica&le laws* The !arties must &e assured from a reading of the decision of the trial court that the% were accorded their rights to &e heard &% an im!artial and res!onsi&le >udge*[15] More su&stantial reasons for the re)uirement are./"or one thing, the losing !art% must &e given an o!!ortunit% to anal%$e the decision so that, if !ermitted, he ma% elevate what he ma% consider its errors for review &% a higher tri&unal* "or another, the decision if well!resented and reasoned, ma% convince the losing !art% of its merits and !ersuade it to acce!t the verdict in good grace instead of !rolonging the litigation with a useless a!!eal* , third reason is that decisions with a full eE!osition of the facts and the law on whichthe% are &ased, es!eciall% those coming from the 5u!reme Court, will constitute a valua&le &od% of case law that can serve as useful references and even as !recedents in the resolution of future controversies*:[1A]The trial court is mandated to set out in its decision the facts which had &een !roved and its conclusions culled therefrom, as well as its resolution on the issues and the factual and legal &asis for its resolution*[1urisdiction of this Conora&le Court, the a&ovenamed accused, with lewd designs, ta7ing advantage of his su!erior strength over the !erson of his own twelve '1-( %ear old daughter, and &% means of force, violence and intimidation, did, then and there, willfull%, unlawfull% and feloniousl%, have re!eated carnal 7nowledge of M%ra M* 6ianan, against her will and consent, to her damage and !re>udice*:[--]4n the contention of accuseda!!ellant in said case that his conviction for ra!e in Decem&er 100- was so remote from the date '3ovem&er 1005( alleged in the +nformation, so that the latter could no longer &e considered as &eing /as near to the actual date at which the offense was committed: as !rovided under 5ection 11, Rule 11= of the Rules on Criminal 2rocedure, as amended, this Court held./,ccuseda!!ellant nevertheless argues that his conviction for ra!e in Decem&er 100- is so remote from the date '3ovem&er 1005( alleged in the information, so that the latter could no longer &e considered as &eing /as near to the actual date atwhich the offense was committed: as !rovided under Rule 11=, M11*This contention is also untena&le* +n People %. &ar!ia, this Court u!held a convictionfor ten counts of ra!e &ased on an information which alleged that the accused committed multi!le ra!e /from 3ovem&er 100= u! to Bul% -1, 1004,: a time difference of almost four %ears which is longer than that involved in the case at &ar*+n an% case, as earlier stated, accuseda!!ellantHs failure to raise a timel% o&>ection&ased on this ground constitutes a waiver of his right to o&>ect*:[-;]Moreover, when the !rivate com!lainant testified on how accuseda!!ellant defiled her two times a wee7 from 100A until 1001, accuseda!!ellant raised nar% a whim!er of !rotest* ,ccuseda!!ellant even rigorousl% crosseEamined the !rivate com!lainant on her testimon% on direct eEamination* The !resentation &% the !rosecution, without o&>ection on the !art of accuseda!!ellant, of evidence of ra!ecommitted two times a wee7 from 100A until 1001 'which includes 5e!tem&er 15, 1001 and 4cto&er --, 1001( to !rove the charges lodged against him constituted a waiver &% accuseda!!ellant of his right to o&>ect to an% !erceived infirmit% in, and in the amendment of, the aforesaid +nformations to conform to the evidence adduced &% the !rosecution*The &arefaced fact that !rivate com!lainant remained a virgin u! to 1001 does not !reclude her having &een re!eatedl% seEuall% a&used &% accuseda!!ellant* The !rivate com!lainant &eing of tender age, it is !ossi&le that the !enetration of the male organ went onl% as dee! as her labia* Dhether or not the h%men of !rivate com!lainant was still intact has no su&stantial &earing on accuseda!!ellantHs commission of the crime*[-4] ?ven the slightest !enetration of the la&ia &% the male organ or the mere entr% of the !enis into the a!erture constitutes consummated ra!e* +t is sufficient that there &e entrance of the male organ within the labia of the pudendum*[-5] +n People %s. (a!uli, cited in People %s. &abayron,[-A] we held that there could &e a finding of ra!e even if des!ite re!eated intercourse over a !eriod of four %ears, the com!lainant still retained an intact h%men without in>ur%* +n thesecases, the !rivate com!lainant testified that the !enis of accuseda!!ellant gained entr% into her vagina./"iscal Carisma 'continuing(,fter %our underwear was removed &% the accused, what ha!!ened neEtNDitness.Ce laid himself on to! of me, sir*O Dhat did he do while he was on to! of %ouN, Ce inserted his finger '"inenger n%a a7o, i!inatong n%a %ong ano n%a(O Can %ou !lease descri&e more s!ecificall% what is this and + )uote /2inatong n%a %ong ano n%a: and where did he !lace itN, Cis organ, sir*O Dhere did he !lace his organN, +n m% organ, sir* 'sa ari 7o !o*(O ,t this ver% >uncture madam witness, what did %ou feelN, + felt !ain, sir, and + also felt that there was a stic7% su&stance that was coming out, sir*:[-ust tr%ing toCourt.2roceed*,tt%* Bala&a.O Ce held %our arms with his two handsN, 4nl% with one hand, sir*O Dhich hand were %ou touchedN, + do not 7now which hand, sir*O Dhich arm of %ours was held &% "reedie #i$adaN, + could not recall, sir*O Dhich side of %our &od% was "reedie #i$ada at that timeN, + cannot recall, sir*O Dhat was the !osition of "reedie #i$ada when he held %our armsN, Ce was sitting on our &ed, sir*O Dhich side of %our &ed was "reedie #i$ada sitting onN, + do not 7now, sir* + cannot recall*,tt%* Bala&a.Can we ta7e a recess %our honorNCourt.Cow long will it ta7e %ou to finish %our crossN,tt%* Bala&a.De will confront the witness with so man% things %our honor*Court.9es, thatHs wh% + am as7ing %ou how long will it ta7e %ou to finish %our crossN,tt%* Bala&a.,&out another hour, sir*Court.5o we will &e finished &% 11.15, !roceed*,tt%* Bala&a.9ou cannot also remem&er which leg was held &% "reedie #i$adaN, + cannot recall, sir*O Dhen this ha!!ened, did %ou not shout for hel!N, + did not as7 for hel!, + was motioning to resist him, so that he would go out, sir* + was struggling to free m%self from him, sir*O ,nd %ou were not a&le to eEtricate %ourself from himN, + was not a&le to eEtricate m%self, sir*O 9ou were struggling with one arm of #i$ada holding %our arm, and the other hand was holding %our leg, is that what %ou are tr%ing to tell usN, 3o, sir, itHs not li7e that*O Could %ou tell us, what ha!!ened, %ou did not shout for hel! and %ou were tr%ing to eEtricate %ourself, what ha!!enedN, Ce suddenl% went out of the room, sir*O 3ow, he went Court.9ou did not shout during that timeN, 3o, %our honor*:[;;]Rossel, the nine%ear old &rother of the !rivate com!lainant corro&orated in !art hissisterHs testimon%* Ce testified on direct eEamination, thus./"iscal Carisma. 'continuing(O 3ow, on 3ovem&er -, 1001 do %ou recall where %ou were at a&out ;.== oHcloc7N, + was outside our house, sir*O Dhere was %our house again, Mr* witness, at that timeN Dhere was %our house at that date, time and !laceN ,t that date and timeN, 1-5- Bose ,&ad 5antos, Tondo, Manila, sir*Court.O The same addressN, 9es, sir*"iscal Carisma.O 4n that date, time and !lace, do %our recall where %our sister ,nna #ea 4rillosa wasN, 9es, sir*O Dhere was sheN, 5he was slee!ing, sir*O 3ow, on that date, time and !lace %ou said %ou were outside %our house, did %ou sta% the whole afternoon outside %our houseN, 3o, sir*O Dhere did %ou go neEtN, +nside, sir*O "or what !ur!ose did %ou get inside %our houseN, Because + was thirst%, sir*O 5o %ou went to the fridge to get some waterN, 9es, sir*O ,nd what ha!!ened as %ou went inside %our house to get some waterN, + saw m% ste!father removing the !ant% of m% sister and he touched her and then he laid on to! of her, sir*O Do %ou see %our ste!father inside the courtroom nowN, 9es, sir*O Dill %ou !oint to himN, Ce is the one, sir*Court +nter!reter.Ditness !ointing to a male !erson who when as7ed answers to the name "reedie #i$ada*"iscal Carisma.O This thing that %our father was P that %our ste!father did to %our elder sister, did %ou see this &efore or after %ou went to the fridge to get some waterN, + alread% got water then, sir*O Dhat did %ou do as %ou saw this thing &eing done &% %our ste!father to %our elder sisterN, + was >ust loo7ing at them when he saw me, sir*O Dho, %ou saw whoN 9ou are referring to the accused "reedie #i$adaN, 9es, sir*O 5o, what did %ou do as %ou were seen &% %our ste!fatherN, Ce scolded me, he shouted at me, he told me something and after that he went to the other room and sle!t, sir*Q[;4]Rossel testified on crosseEamination, thus./O 5o %ou got thirst%, is that correct, and went inside the houseN, 9es, sir*O ,nd %ou too7 a glass of water from the refrigeratorN, 9es, sir*O ,nd it was at this time that %ou saw the accused "reedie #i$ada touching %our sisterN, 9es, sir*O Dhere was this refrigerator locatedN, +n front of the room where m% sister slee!s, sir*O 5o the door of %our sisterHs room was o!enN, 9es, sir*O ,ndo7a%, %ou said %our sister was slee!ing* Dhat was the !osition of %our sister when %ou said the accused removed her !ant%N, 5he was l%ing straight, &ut she was resisting, sir*O Dere %ou noticed &% %our sister at that timeN, 3o, sir*O ,nd %our sister did not call for hel! at that timeN, 3o, sir*O ,nd all this time %ou saw the accused doing this, from the refrigerator where %ou were ta7ing a glass of waterN, 9es, sir*O Did %ou not sa% something to the accusedN, 3o, sir, + was >ust loo7ing*O 5o %our sister was l%ing down when the accused removed her !ant%, is thatwhat %ou are tr%ing to tell usN, 9es, sir*O ,nd where was theand the accused saw %ou when he was removing the !ant% of %our sisterN, 3ot %et, sir, &ut after a while he loo7ed at the refrigerator &ecause he might &e thirst%*O 5o%ou said the accused was touching %our sister* Dhat !art of her &od% was touched &% the accusedN, Cere, sir*Court +nter!reter.Ditness !ointing at the lower !ortion of the &od%*,tt%* Bala&a.O 9ou saw with what hand was the accused touching %our sisterN, 9es, sir*O Dhat hand was he touching %our sisterN, This hand, sir*Court +nter!reter.Ditness raising his right hand*,tt%* Bala&a.O ,nd which !art of %our sisterHs &od% was the accused touching with his right handN 9our sisterHs &od% was the accused touching with his right handN, Cer right leg, sir*O Cow a&out his left hand, what was the accused doing with his left handN, Removing her !ant%, sir*O Removing herN, 2ant%, sir*O Dhich hand of %our sister was &eing removed with the left hand of the accusedNCourt.DhichN,tt%* Bala&a.Dhich hand, which handN"iscal Carisma.The )uestion is vague, %our honor*,tt%* Bala&a.Because he said that removing the hand "iscal Carisma.Ce said removing the !ant%*,tt%* Bala&a.+s that !ant%N +Hm sorr%*O 5o, the accused was touching with his right hand the left thigh of %our sister "iscal Carisma.The right thigh*,tt%* Bala&a.O Rather the right thigh of %our sister and with his left hand removing the !ant%, is that what %ou are telling to tell usN, 9es, sir*O ,nd %our sister all the time was tr%ing to was struggling to get free, is that not correctN, 9es, sir, she was resisting* 'witness demonstrating(O 5he was strugglingwas the accused a&le to remove the !ant%N, 9es, sir*O ,nd all the time %ou were there loo7ing with the glass of water in %our handN, 9es, sir*:[;5]+n light of the evidence of the !rosecution, there was no introduction of the !enis ofaccuseda!!ellant into the a!erture or within the pudendum of the vagina of !rivatecom!lainant* Cence, accuseda!!ellant is not criminall% lia&le for consummated ra!e*[;A]The issue that now comes to fore is whether or not accuseda!!ellant is guilt% of consummated acts of lasciviousness defined in ,rticle ;;A of the Revised 2enal Code or attem!ted ra!e under ,rticle ;;5 of the said Code, as amended in relation to the last !aragra!h of ,rticle A of the Revised 2enal Code* +n light of the evidenceon record, we &elieve that accuseda!!ellant is guilt% of attem!ted ra!e and not of acts of lasciviousness*,rticle ;;A of the Revised 2enal Code reads./,rt* ;;A* A!ts of 3as!i%iousness*J,n% !erson who shall commit an% act of lasciviousness u!on other !ersons of either seE, under an% of the circumstances mentioned in the !receding article, shall &e !unished &% prision !orre!!ional*:[;d., at