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Valenton, Francis Angelo T.

Criminal Law 2

1S

Amployo vs. People (G.R. No. 157718 )

Facts: The plaintiff-appellee is Alvin Amployo. The respondent is the People of the Philippines.
In the case at bar, Kristine Joy alleged that on June 27, 1997, while she was walking to school,
Alvin approached her and placed his hand on her shoulder where it went down to her breast. She
then told her grandmother about it. Along with her mother and grandmother, they went to
DSWD to report the incident. The petitioner was then charged with the violation of Section 5(b),
Article III of Republic Act No. 7610, and was found guilty of the same by the RTC of Olongapo
City.

Issue: Is the guilty for the violation of Section 5(b), Article III of Republic Act No. 7610

Held: The Supreme Court said that in order to hold the petitioner liable for the violation of
Section 5(b), Article III of Republic Act No. 7610, three elements must be present. These are:
(1) The accused commits the act of sexual intercourse or lascivious conduct; (2) The said act is
performed with a child exploited in prostitution or subjected to other sexual abuse; and (3) The
child, whether male or female, is below 18 years of age. All of which are present in this case.