Decision
G.R. No. 235662
13
BBB recalled an instance in 2009 when appellant commenced to
sexually ravish her and was about to penetrate her vagina but was abruptly
interrupted when CCC arrived home. The trial court accurately synthesized
BBB's testimony, in this wise:
It is evident from the testimony of herein private complainant BBB
that all the above-mentioned elements and requirements of the law for the
crime of Lascivious Conduct under. Section 5 (b) of Republic Act No. 7610
have been fully established by the prosecution. BBB maintained that
sometime in the year 2009, while at home for being sick, accused suddenly
put down her shorts and underwear to her knee and raised her t-shirt up to
her breast. Accused then proceeded to touch and kiss her on her private parts
despite her resistance. Not satisfied, accused took off hist-shirt, shorts and
brief and was about to insert his penis into her vagina, when her younger
brother CCC arrived and abruptly stopped the advances of the accused.
(TSN, March 26, 2014, pp. 7-9) 38
Indubitably, appellant committed lascivious conduct when he
performed acts of lasciviousness by pulling down AAA's shorts and
underwear, touching and kissing her private parts, and attempting to insert his
penis into her vagina. Notably, BBB was a minor, being only fourteen ( 14)
years old at that time.
We reiterate that appellant's denial and alibi cannot prevail over the
positive and categorical testimony of BBB. Bare assertion of alibi and denial
cannot prevail over the categorical testimony of a victim. 39 Denial, if
unsubstantiated by clear and convincing evidence, is a self-serving assertion
that deserves no weight in law, as in this case. Likewise, alibi is one of the
weakest defenses not only because it is inherently frail and unreliable, but also
because it is easy to fabricate and difficult to check or rebut. 40
Since appellant is BBB's father, the alternative circumstance of
relationship should be credited against him in Criminal Case No. 08-06302013. Consequently, appellant should suffer reclusion perpetua and fine of
P15,000.00. Section 5(b) and Section 31 (t) of RA 7610 provide:
SEC. 5. Child Prostitution and Other Sexual Abuse. Children,
whether male or female, who for money, profit, or any other consideration
or due to the coercion or influence of any adult, syndicate or group, indulge
in sexual intercourse or lascivious conduct, are deemed to be children
exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion
perpetua shall be imposed upon the following:
XXX
38
CA rollo, p. 53.
See People v. Gaduyon, 720 Phil. 750, 779 (2013).
40 People v. Molejon, G.R. No. 208091, April 23, 2018.
39
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