2026 Criminal Law, Q6

For having indulged the 17-year-old daughter of his live-in partner in lascivious conduct on various occasions, through undue influence and/or coercion, by touching her vagina and mashing her breasts, Rico was found guilty of four counts of sexual abuse under Section 5(b) of Republic Act No. 7610. There being no modifying circumstances, the trial court imposed an indeterminate penalty of 11 years of prision mayor, as minimum, to 18 years of reclusion temporal, as maximum, for each count. On appeal, Rico argued that, applying the three-fold rule and the 40- year limitation rule, the trial court should have imposed a maximum penalty of 40 years for all the four cases. Is Rico correct? Explain.

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Why is Rico incorrect in arguing that the trial court should have applied the three-fold rule and 40-year limit in imposing his penalties?

What is the legal duty of a trial court when convicting an accused of multiple distinct counts of sexual abuse under R.A. No. 7610?

Under Article 70 of the Revised Penal Code, at what stage do the three-fold rule and the 40-year limitation rule apply?

How are multiple acts of lascivious conduct committed on various occasions against a minor treated under R.A. No. 7610?

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How does Article 70 of the Revised Penal Code impact the judicial imposition of penalties by trial judges?

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1. Imposition Versus Service
Under Philippine criminal law, a clear distinction exists between the judicial imposition of penalties by trial courts and the administrative execution of sentences by prison authorities. In rendering judgment, courts are legally required to assess and impose the full, distinct penalty for each individual offense of which the accused is convicted. The limitations set forth under Article 70 of the Revised Penal Code, such as caps on aggregate prison terms, do not alter or restrict the trial judge's duty to pronounce individual sentences. Instead, these statutory limits serve as administrative rules governing how prison authorities execute multiple sentences successively.

2. Three-Fold Rule
The three-fold rule under Article 70 of the Revised Penal Code dictates that the maximum duration of a convict's sentence shall not exceed three times the length of the most severe penalty imposed upon them. Additionally, Article 70 sets an absolute cap providing that the total period of imprisonment shall in no case exceed forty years. These statutory constraints apply exclusively during the service of sentence phase, preventing excessive continuous confinement when a person faces numerous successive convictions. Because these rules apply only to sentence execution, they cannot be invoked by an accused to demand reduced individual penalties from the convicting court.

3. Child Abuse
Republic Act No. 7610, or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act, penalizes acts of child abuse, including sexual abuse and lascivious conduct. Section 5(b) specifically punishes acts of lasciviousness or sexual abuse committed against children below eighteen years of age through coercion, intimidation, or undue influence. Each distinct act of sexual abuse constitutes an independent offense carrying its own criminal liability and penalty. Consequently, when an offender commits multiple counts of sexual abuse on separate occasions, trial courts must convict and sentence the accused separately for every proven count.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026