ROBERT SIERRA VS.

PEOPLE GR 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 pendence 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 alledged in the
testimonial of the petitioner and his mother. According to them the burden of
proof of age is upon the prosecution.

ISSUES
Who has the burden of proof in establishing the age of the accused?
Whether the law be given retroactive application.

HELD
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. Section 7 provides that in the 1
absence of such document, age may be based from the information of the child,
testimonies of other persons, physical appearance and other re, minority should
be in favor of the child. In the case at bar, minority levant evidence. Also in case
of doubt, minority should be in favour of the hild. In the Case at bar, minority was
established by the testimonies of the petitioner and his mother. This was not
objected by the prosecutionand did not even present contrary evidence. Thus
minority is established.

The law should be 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.