ACTS OF LASCIVIOUSNESS with the consent of the offended party (Article 339, Revised

Penal Code)
ELEMENTS:
(a)
The offender commits acts of lasciviousness or lewdness;
(b)
The victim is a woman who is a VIRGIN or SINGLE or WIDOW OF GOOD
REPUTATION, under 18 years of age but over 12 years or a sister or descendant
regardless of her reputation or age;
(c)
Acts are committed by abuse of authority, confidence, relationship or deceit.
Notes:
1. A man cannot be a victim.
2. There is consent to the lascivious conduct but it was obtained by abuse of authority,
confidence, relationship or deceit.
3. If the victim is under 12 years of age, the penalty is one degree higher than that imposed
by the law (Sec. 10, RA 7610). It being aggravating, it should be specifically alleged in
the information.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
I, MARIA MALAKI, of 35 years old, electrical engineer, Filipino, married and a resident
of Alonzo Compound, Parang, Marikina City), after having sworn to in accordance with law, do
here by depose and state:
The person examining me is Prosecutor ___________________ with office address at
Office of the City Prosecutor of Marikina, 4 th Floor Justice hall Building, Sta. Elena Marikina
City. The examination is being held at the same. I am answering the questions asked of me by
Prosecutor in English Language which I am knowledgeable and conversant, fully conscious that
I do so under oath and I am also aware that I may face criminal liability for false testimony or
perjury if I will be stating falsities and distortion of truth:
Q. Why are here now at the Marikina City Prosecutors Office?
A. I would want to give my testimony relative to my complaint for acts of lasciviousness
against MARIO MATANGKAD, Filipino and presently residing in Alonzo Compound, Marikina
City.
Q. Do you recall where were you on December 24, 2013 at around 4:00 in the afternoon?
A. I was at home listening to music while taking my snacks.
Q. Do you recall of any unusual incident which happened on that particular place, date
and time?
A. Yes, I heard my neighbor Mario Matangkad knocking at our door?
Q. What did you do after hearing him knocking at your door?
A. I opened the door and asked him what he wants?
Q. What happened next?
A. He greeted me saying Merry Christmas!
Q. What was your response?
A. I said Merry Christmas too
Q. What happened next?
A. He said Ang ganda mo naman, hindi ka ba nalulungkot na nasa abroad mister mo
and suddenly grabbed my breast.

Q. What happened next?

A. I shouted at him Bastos and immediately shut the door while trembling in fear.
While he ran away.
Q. What happened next?
A. I went to the barangay to file a complaint against him and have the incident recorded.
Q. Do you have proof that you reported the incident?
A. Yes, I have with me a copy of the barangay blotter which I am attaching as Exhibit
A
NAME OF THE WITNESS
Affiant
SUBSCRIBED AND SWORN to before me this ____________________ in the City of
Marikina, Philippines, affiant who is personally known to me further exhibited her competent
evidence of identity, which is :_____________ and that I have personally examined the affiant
and I am fully satisfied that she voluntarily executed and under stood the contents of her
affidavit.
SWORN ATTESTATION
I, ________________ of legal age, and with office address at Office of the City Prosecutor of
Marikina, 4th Floor Justice Hall Building, Sta. Elena, Marikina City, under oath, hereby attested
that:
1. I am the prosecutor who conducted the examination of witness ________________
2. I faithfully recorded or caused to be recorded the questions I asked and the
corresponding answers that the witness gave and
3. Neither I nor any other person then present or assisting me coached the witness
regarding the latters answers
Prosecutor