In Navarrete v. People,[15] the Court noted that, under Section 5(b), Article III of Republic Act (R.A.) No. 7610,[16] when the victim is under 12 years old, the accused shall be prosecuted under either Article 335 (for rape) or Article 336 (for acts of lasciviousness) of the RPC. Accordingly, although an accused is charged in the information with the crime of statutory rape (i.e., carnal knowledge of a woman under twelve years of age), the offender can be convicted of the lesser crime of acts of lasciviousness, which is included in rape.
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