Case Digest: People vs. Siera

Robert Siera vs. People

G.R. No. 182941

July 3, 2009

Facts:

Petitioner was found guilty of qualified rape.

Ruling:

In the case bar, the issue is no longer with regard to petitioner’s guilt but on his entitlement of exemption from criminal liability under R.A. 9344 since petitioner’s act of invoking such entitlement carried with it the admission of guilt.

The Court held that petitioner’s minority during the commission of the crime and his not being a habitual criminal entitled him to the retroactive provisions of the said Act.

The Court held that the burden of proving the minority of the accused relied not on the prosecution but to him who sought to benefit from such proof. In assessing the records, the court appreciated the testimonies by petitioner and CCC, his mother, as sufficient proof of establishing petitioner’s age in lieu of  the required birth certificate as provided in Rule 30-A of the Rules and Regulations Implementing R.A. No. 9344. There was also no showing of the prosecution’s objection nor was there a presentation of evidence to contradict said testimonies.

The petitioner, having been granted criminal liability exemption, was nevertheless civilly liable. The Court ordered the payment of civil damages to victim following the characterization of the crime of simple rape, for failure of the prosecution to establish the age of the victim to hold petitioner guilty of qualified rape.

Case against petitioner was dismissed without prejudice to the civil liability. The Court ordered his immediate release and referral to the appropriate local social welfare and development officer who shall proceed in accordance with the provisions of R.A. No. 9344. 

Categories: case digest, minority, people vs. siera, qualified rape, ra 9344, SPECIAL CRIMINAL LAW, special penal law