Case Digest (G.R. No. 259861)
Facts:
Resty Laconsay v. People of the Philippines, G.R. No. 259861, October 21, 2024, Supreme Court Third Division, Inting, J., writing for the Court. Petitioner Resty Laconsay was charged by Information with Acts of Lasciviousness for an incident on or before August 28, 2011, when the victim, AAA, then 14 years old, alleged that a man entered her family's rented house at about 2:30 a.m., pulled down her blanket and caressed her left foot, leg and groin. Petitioner pleaded not guilty at his arraignment on November 23, 2012, and trial on the merits proceeded in Branch xxxxxxxxxxx, Regional Trial Court (RTC), Olongapo City, Criminal Case No. 27-2012-FC.At trial, AAA testified that she woke to see a person by her feet using a cellphone whose backlight illuminated his face; she said the person then touched her and moved his hand up to her groin, whereupon she shouted for help and the person fled. Her sister, BBB, corroborated this account, describing seeing petitioner peep through the door, using a cellphone light that allowed her to identify him, and witnessing him pull down AAA's blanket and move his hand beneath it. AAA initially hesitated to identify the assailant to her father out of fear he might suffer a heart attack, but soon pointed out petitioner when asked; barangay tanods thereafter went to petitioner’s home, where he was said to be sleeping.
Petitioner denied the charge and offered an alibi: he claimed he drank with friends the night of August 27–28, 2011, frequented a videoke and a convenience store, and that upon return his father Antonio was asked by barangay tanods to remove his shirt to check for a tattoo—none was found—after which AAA allegedly said he was not the assailant. Antonio submitted an affidavit corroborating his son's whereabouts but later gave inconsistent testimony at trial concerning who told him about a tattoo and whether he spoke to AAA or BBB.
The RTC, in a Judgment dated June 6, 2019, convicted petitioner of Acts of Lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5(b), Article III of Republic Act No. 7610, finding the elements proved beyond reasonable doubt, and sentenced him to an indeterminate penalty and ordered civil damages. The Court of Appeals (Third Division) in a Decision dated October 29, 2020 (pened by Associate Justice Florencio M. Mamauag, Jr., with concurrence by Associate Justices Japar B. Dimaampao and Zenaida T. Galapate-Laguilles), affirmed the conviction but modified the penalty and increased monetary awards; its Resolution of March 11, 2022 denied reconsideration. The Office of the Solicitor General filed a Comment supporting affirmation.
Petitioner sough...(Subscriber-Only)
Issues:
- Whether petitioner is guilty beyond reasonable doubt of Acts of Lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5(b), Article III of Republic Act No. 7610 (i.e., Lascivious Conduct u...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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