E-Library - Information At Your Fingertips: Printer Friendly 4 of 9 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63146 THE CRIME CHARGED[12] Ruling of the Court The appeal lacks merit. The petitioner argues that the circumstances surrounding the alleged lascivious conduct committed against AAA were not in accord with human experience; that it was quite strange that she did not shout for help although the room had no door, and there were then other persons in the house; and that she neither protested nor offered any resistance during the entire time she was being molested, which lasted for quite a time. The arguments of the petitioner do not persuade. The petitioner apparently assails the credibility of AAA. In that regard, he fails because the evidence of the Prosecution competently and firmly established his having touched the vagina of AAA at least twice. Also, his insistence that he did not exert any force or perform any act of intimidation lacks persuasion because the absence of force or intimidation was immaterial if AAA as the victim of the acts of lasciviousness was then below 12 years of age. The failure of AAA to shout during the incident would not exculpate the petitioner. There is no standard behavior for a victim of a crime against chastity. Behavioral psychology teaches that people react to similar situations dissimilarly.[13] AAA could have been submissive due to her tender age, but the fact that she did cry after the incident was a true indication, indeed, that she had felt violated. Worthy to note is that her own brother, upon noticing her crying, inquired why she was crying, and she then told him that the petitioner had touched her vagina. We reiterate that assigning values to the declarations of witnesses as they testify is best and most competently performed by the trial judges on account of their unique opportunity to personally observe the witnesses and to assess the various indicia of their credibility then available but not reflected in the records. Whenever the credibility of any witness is in issue, the findings thereon of the trial court, its calibration of the testimonies of the witnesses and its assessment of the probative weight thereof, as well as its conclusions anchored on said findings are accorded high respect if not conclusive effect.[14] Moreover, in prosecutions for acts of lasciviousness, the lone testimony of the offended party, if credible, is sufficient to establish the guilt of the accused.[15] Youth, and, as is more applicable herein, immaturity of the victim are generally badges of truth that the courts cannot justly ignore.[16] The contention of the petitioner that the charge was a mere fabrication of the victim's mother who held a grudge against him deserves scant consideration. The contention is nothing but a desperate attempt to escape the consequences of his depravity. No mother would contemplate subjecting her very young daughter to the humiliation, disgrace, exposure, anxiety and tribulation attendant to a public trial for 4/21/2020, 9:25 AM

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