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 j

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