SC: Youth and Immaturity Strengthen Victim’s Credibility in Molestation Case

March 5, 2025

The Supreme Court (SC) has held that a victim’s youth and immaturity serve as strong indicators of the truthfulness and sincerity of their testimony regarding unlawful acts committed against them.

In a Decision written by Associate Justice Henri Jean Paul B. Inting, the SC’s Third Division affirmed the conviction of Resty Laconsay (Laconsay) for Lascivious Conduct under Section 5(b) of Republic Act (RA) No. 7610 or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act after he molested a 14-year-old girl. 

The victim, AAA, then 14 years old, recounted that she was sleeping at home with her siblings when she woke up to find a person standing at her feet, holding a cellphone. The person pulled down her blanket, touched her foot, and caressed her leg up to her groin. AAA shouted for help, causing her assailant to flee.

During the trial, AAA testified that the light from the cellphone allowed her to see her assailant’s face. With the help of her sister, who also saw the incident, AAA later identified her assailant as Laconsay, their neighbor.

Laconsay denied the allegations, asserting that he was elsewhere at the time. He also argued that AAA’s testimony was inconsistent because she initially told her father that it was not Laconsay who molested her.

Both the Regional Trial Court and Court of Appeals found him guilty of Acts of Lasciviousness under the Revised Penal Code (RPC) in relation to RA No. 7610.  

The SC affirmed Laconsay’s conviction, emphasizing that AAA’s testimony was clear, credible, and supported by her sister’s statement.

The offense of Lascivious Conduct is committed when an assailant performs lascivious acts against a person aged 12 to below 18.  These acts include intentional touching—directly or through clothing—of the genitalia, anus, groin, breast, inner thigh, or buttocks; insertion of any object into the genitalia, anus, or mouth; bestiality; masturbation; or lascivious exhibition of genitals, all done with intent to abuse, humiliate, harass, degrade, or arouse sexual desire. 

Here, Laconsay committed Lascivious Conduct when he touched the legs and groin of AAA, then 14 years old.

The SC found AAA’s testimony credible in describing the lascivious acts committed against her and positively identifying Laconsay as her assailant. It emphasized that her youth and immaturity are badges of truth and sincerity, “because of her relative vulnerability and the shame and embarrassment that would arise if the matter about which she testified were not true.”

The trial also established that AAA initially denied Laconsay’s identity to avoid upsetting her father, fearing he might suffer a heart attack. However, she later retracted this statement and confirmed that Laconsay had molested her.

Ultimately, the SC rejected Laconsay’s denial and alibi, which cannot prevail over AAA and BBB’s clear testimonies and positive identification.

Laconsay was sentenced to imprisonment of eight years and one day to 17 years, four months, and one day, and ordered to pay a total of PHP 165,000.00 as civil indemnity, damages, and fine. (Courtesy of the SC Office of the Spokesperson) 

This press release is prepared for members of the media and the general public by the SC Office of the Spokesperson as a simplified summary of the SC’s Decision. For the SC’s complete discussion of the case, please read the full text of the Decision in G.R. No. 259861 (Resty Laconsay v. People of the Philippines, October 21, 2024) at https://sc.judiciary.gov.ph/259861-resty-laconsay-vs-people-of-the-philippines/.