Robert Sierra Y Caneda vs People of the Philippines

G.R. No. 182941

July 3, 2009

FACTS: Private complainant was playing with her friend when petitioner arrived with a
knife. It was alleged that petitioner succeeded in raping the private complainant and her
friend. The private complainant subsequently disclosed the incident to her teacher and
the mother of her classmate. Upon physical examination, it was revealed that there was
a laceration on her hymen which supports her claim of sexual abuse. Petitioner was
charged with rape and the Regional Trial Court convicted the petitioner. Upon appeal,
petitioner invoked paragraph 1, section 6 of RA No 9344 to exempt him from criminal
liability considering that he was only 15 years old at the time of the commission of the
crime. Petitioner contended that there is no need to present a birth certificate to invoke
RA No 9344 because the burden of disproving his claim lies with the prosecution.
ISSUE: Whether or not petitioner can invoke paragraph 1, section 6 of RA No 9344 to
exempt him from any criminal liability
HELD: Yes, petitioner can invoke section 6 of RA No 9344 to exempt him from any
criminal liability. The Court of Appeals was wrong when it rejected the testimonial
evidence showing that petitioner was only 15 years old at the time he committed the
crime. The age of the child may be determined from his birth certificate, baptismal
certificate, or other pertinent documents. In the absence of these documents, age may
be based on information from the child himself or herself, testimonies of other persons,
the physical appearance of the child and other relevant evidence. In the case at bar, the
petitioner and his mother both testified regarding his minority.
However, the contention of petitioner that the prosecution has the burden of
disproving his claim is untenable. The defense has the burden of showing by evidence
that petitioner was indeed 15 years old when he committed the crime charged.