Robert Sierra vs People of the Philippines 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 alleged 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. 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.
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.