Sierra vs People, G.R. No.

182941, July 3, 2009

FACTS:
Petitioner was 15 years old when he raped a minor. He was convicted of rape and was
imposed a penalty of imprisonment of reclusion perpetua and a fine. He elevated the
case to CA and during the pendency of the case, RA 9344 took effect.
CA affirmed the conviction and denied the defense of minority since the age
was not established by presenting the birth certificate but only alleged in the
testimonial of the petitioner and his mother. According to them the burden of
proof of age is upon the prosecution.
ISSUES:
1. Who has the burden of proof in establishing the age of the accused?
2. Whether the law be given retroactive application.
DECISION:

The instant petition is GRANTED. The Decision dated February

29, 2008 and Resolution dated May 22, 2008 of the Court of
Appeals in CA-G.R.-CR.-H.C. No. 02218 are REVERSED and SET
ASIDE. Pursuant to Section 64 of R.A. No. 9344, Criminal Case No.
120292-H for rape filed against petitioner Robert Sierra y Caneda
is hereby DISMISSED. The Supreme Court ordered for the
immediate release of petitioner
RATIO:
1. The duty to establish the age of the accused is not on the prosecution but on the
accused. Age can be established by birth certificate. Sec. 7 provides that in the
absence of such document, age may be based from the information of the child,
testimonies of other persons, physical appearance and other relevant
evidence. Also in case of doubt, minority should be in favour of the child. In the
case at bar, minority was established by the testimonies of the petitioner and his
mother. This was not objected by the prosecution and did not even presented
contrary evidence. Thus, minority is established.
2. The law should be given retroactive application since this favors the
accused as provided for in the Revised Penal Code penal laws favouring the
accused should be given retroactive effect. Hence, the accused is considered a
minor with an age of not above 15 years old. The case is dismissed and the
petitioner is referred to the appropriate local social welfare.