Excempting Circumstances Case No.

100
Minority
Liave v. People

438 SCRA 376 (2005)

 Facts:
Niel Llave, 12 years old, raped Debbielyn Santos, the 8 years old. The victim was
pulled from a vacant lot. The accused ordered her to lie down on the cement. He
removed her shorts and underwear and his own and made a push and pull
movement. Teofisto, the witness, saw the incident and shouted. The accused fled
the scene. During the trial, the accused urged that being a minor, he is presumed
that he acted without discernment under paragraph 3 of Article 12 of the Revised
Penal Code thus exempt him from liability.

Issue: Whether or not the accused is relieved from liability

Ruling:
no

Ratio Decidendi:
The accused acted with discernment. The factual circumstances which bolstered
that he acted with discernment is when the accused stated that he was an
outstanding student. This allegation proves that he acted with discernment with full
knowledge and intelligence. He is possessed of with intelligence well beyond his
years and thus was able to distinguish which conduct is right or wrong. Hence, the
accused is not exempt from criminal liability.