SC: Youth, immaturity boost victim’s testimony in molestation cases
MANILA, Philippines — The has ruled that being a minor and immaturity are significant factors in proving the truthfulness and sincerity of a victim’s testimony regarding unlawful acts committed against them, especially in acts of lascivious conduct or cases of molestation.
This is based on a decision penned by Associate Justice Henri Jean Paul Inting, in which the SC Third Division affirmed the conviction of a certain Resty Laconsay for Lascivious Conduct under Section 5(b) of Republic Act (RA) No. 7610 or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act after molesting a 14-year-old girl.
The case stems from an incident in 2011 wherein the victim, a 14-year-old female, accused Laconsay of pulling down her blanket, touching her foot, and caressing her leg up to her groin.
The victim said she cried for help, prompting the suspect to flee.
During the trial the victim testified that the light from a cellphone allowed her catch a glimpse of the suspect’s face.
Article continues after this advertisementHer sister, who also witnessed the incident, also identified the assailant as Laconsay, their neighbor.
Article continues after this advertisementLaconsay, however, denied the allegations, asserting that he was in a different place at that time and argued that the victim’s testimony was inconsistent.
Both the Regional Trial Court and the Court of Appeals found him guilty of Acts of Lasciviousness under the Revised Penal Code (RPC) in relation to RA No. 7610.
Laconsay elevated the case to the High Court, but the SC affirmed his conviction, stating that the victim’s testimony was clear, credible, and supported by her sister’s statement.
According to the SC the offense of Lascivious Conduct is committed when an assailant performs lascivious acts against a person aged 12 to below 18.
Such acts include intentional touching—directly or through clothing—of the genitalia, anus, groin, breast, inner thigh, or buttocks; insertion of any object into the genitalia, anus, or mouth; bestiality; masturbation; or lascivious exhibition of genitals, all done with intent to abuse, humiliate, harass, degrade, or arouse sexual desire
“The SC found [the victim’s] testimony credible in describing the lascivious acts committed against her and positively identifying Laconsay as her assailant.”
The SC also emphasized that her youth and immaturity are badges of truth and sincerity, “because of her relative vulnerability and the shame and embarrassment that would arise if the matter about which she testified was not true.”
Laconsay was sentenced to imprisonment of eight years and one day to 17 years, four months and one day.
He was also ordered to pay a total of P165,000 as civil indemnity, damages, and fine.
