Case: Sierra vs.

People
G.R. No.: 182941
Date: July 03,2009

FACTS:

This case is a petition for review on certiorari of the decision of the CA that affirmed with
modification the conviction of Robert Sierra, the petitioner for the crime of qualified rape
rendered by the RTC branch 159, Pasig City on April 5,2006. That on August 5,2000 in Pasig City
the petitioner, a minor, 15 years old forcefully and unlawfully have sexual intercourse with his
sister, AAA, thirteen years old. The petitioner invoked that he should be exempted of criminal
liability for he was only 15 years old at the time the crime was committed.

ISSUE:

Whether or not the petitioner will be exempted from criminal liability under paragraph 1, section
6, of R.A. No. 9344

RULING:

Yes, the CA seriously erred when it rejected that the petitioner was only 15 years old at
the time he committed the crime. Thus, Section 7 of R.A. 9344 expressly states how the age of
the child in conflict with the law may be determined.

In pursuant to Section 64, R.A. 9344, Criminal Case for rape against the petitioner was
dismissed. Referring the petitioner to appropriate local Social Welfare and Development who in
accordance with the provisions of R.A. No. 9344.