MANILA, Philippines – The Supreme Court (SC) has affirmed the conviction of Resty Laconsay for Lascivious Conduct, citing the victim’s youth and immaturity as strong indicators of the truthfulness of her testimony.

In a decision penned by Associate Justice Henri Jean Paul B. Inting, the SC’s Third Division upheld the lower court’s ruling that Laconsay molested a 14-year-old girl, identified as AAA. 

The case falls under Section 5(b) of Republic Act (RA) No. 7610, the Special Protection of Children Against Abuse, Exploitation and Discrimination Act.

According to the court records, AAA, then 14, testified that she was awakened in her home by a person standing at her feet, holding a cellphone. 

The assailant pulled down her blanket, touched her foot, and caressed her leg up to her groin. AAA’s shouts alerted her sister, who also witnessed the incident. AAA and her sister later identified Laconsay, their neighbor, as the assailant.

Laconsay denied the allegations, claiming he was elsewhere at the time. He also argued that AAA’s initial denial of his involvement to her father made her testimony inconsistent. 

However, the Regional Trial Court and the Court of Appeals found him guilty.

The SC affirmed the conviction, emphasizing the clarity and credibility of AAA’s testimony, which was corroborated by her sister’s statement. The court highlighted that AAA’s youth and immaturity served as “badges of truth and sincerity,” given her vulnerability and the shame associated with false accusations.

The SC also addressed AAA’s initial denial of Laconsay’s identity, stating that she did so out of fear of upsetting her father. She later retracted this statement and confirmed Laconsay’s involvement.

The court defined Lascivious Conduct as the performance of lascivious acts against a person aged 12 to below 18, including intentional touching of sensitive body parts with intent to abuse, humiliate, harass, degrade, or arouse sexual desire. 

Laconsay was found to have committed this offense by touching AAA’s legs and groin.

The SC rejected Laconsay’s alibi, stating that it could not prevail over the clear testimonies and positive identification by AAA and her sister. 

Laconsay was sentenced to imprisonment of eight years and one day to 17 years, four months, and one day, and ordered to pay P165,000.00 in civil indemnity, damages, and fine.