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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
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