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People vs. Caoili [DISSENTING, OPINION MARTIRES, J.]

PEOPLE OF THE PHILIPPINES, PETITIONER, V. NOEL GO CAOILI ALIAS "BOY TAGALOG", RESPONDENT. [G.R. No. 196848, August 8, 2017] NOEL GO CAOILI, PETITIONER, V. PEOPLE OF THE PHILIPPINES, RESPONDENT.

G.R. No. 196342 | 2017-08-08

DISSENTING OPINION
 
MARTIRES, J.:
 
Respectfully, I dissent from the majority opinion.
 
I am unable to accept that the act of "fingering," or the digital penetration of the vagina, should be appreciated as a mere act of lasciviousness. My refusal to accept this conclusion is grounded on the definition of carnal knowledge that this Court set forth in the 2011 case of People vs. Butiong [G.R. No. 168932, 19 October 2011]:
 
Carnal knowledge is defined as the act of a man having sexual bodily connections with a woman. This explains why the slightest penetration of the female genitalia...