Acts of Lasciviousness vs. Unjust Vexation (1994)
When is embracing, kissing and touching a girl’s breast considered only unjust vexation instead of acts of lasciviousness?
SUGGESTED ANSWER:
The acts of embracing, kissing of a woman arising either out of passion or other motive and the touching of her breast as a mere incident of the embrace without lewd design constitutes merely unjust vexation (People us, Ignacio. CA GRNo. 5119-R, September 30, 1950). However, where the kissing, embracing and the touching of the breast of a woman are done with lewd design, the same constitute acts of lasciviousness (People vs. Percival Gilo, 10 SCRA 753).
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