This case has been cited 1 times or more.
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2003-10-27 |
DAVIDE JR., C.J. |
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| However, while the appellant cannot be held guilty of the charge of rape on the ground of reasonable doubt, we find that his act of directing Analyn to remove her lower apparel constitutes an act of lasciviousness under Article 336 of the Revised Penal Code. Section 4, Rule 120 of the Revised Rules of Criminal Procedure authorizes, in cases of variance between the offense charged and that proved, the conviction of an accused of the offense proved which is included in the offense charged, or of the offense charged which is included in that which is proved. In People v. Caralipio,[45] we ruled that although an accused is charged in the information with the crime of rape, he can be convicted of acts of lasciviousness, which is included in rape. | |||||