GR 182941; (July, 2009) (Digest)
G.R. No. 182941 ; July 3, 2009
ROBERT SIERRA y CANEDA, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent.
FACTS
Petitioner Robert Sierra was convicted of qualified rape for sexually assaulting his thirteen-year-old sister, AAA, in August 2000. The prosecution established that Sierra, armed with a knife, forced himself on AAA after similarly assaulting her friend. AAA promptly reported the incident, and a medical examination corroborated sexual abuse. At trial, Sierra pleaded not guilty, raising defenses of denial and alibi, and claimed AAA fabricated the story due to a grudge. Both Sierra and his mother testified he was fifteen years old at the time of the incident.
The Regional Trial Court convicted Sierra of qualified rape and sentenced him to reclusion perpetua. On appeal, the Court of Appeals affirmed the conviction but modified the penalty to reclusion temporal maximum. Sierra then appealed to the Supreme Court, no longer contesting his guilt but arguing that the CA erred in not applying Republic Act No. 9344 (The Juvenile Justice and Welfare Act of 2006), which he claimed exempted him from criminal liability as he was allegedly fifteen at the time of the offense.
ISSUE
Whether the Court of Appeals erred in not applying the provisions of R.A. No. 9344 to exempt the petitioner from criminal liability based on his claim of being fifteen years old at the time of the crime.
RULING
The Supreme Court denied the petition and affirmed the CA decision. The Court held that the petitioner failed to prove he was fifteen years old or below at the time of the offense, which is a prerequisite for invoking the exemption from criminal liability under Section 6 of R.A. No. 9344 . While the law places the burden on the prosecution to prove the age of a child in conflict with the law, this presupposes that the accused’s minority is duly established. Here, the only evidence of Sierra’s age was his own self-serving testimony and that of his mother, which were insufficient. The defense did not present his birth certificate or any other competent documentary evidence.
The Court further ruled that even assuming arguendo that Sierra was a minor, he would not be entitled to a suspended sentence under Section 38 of R.A. No. 9344 . The law disqualifies a juvenile from suspension of sentence if convicted of an offense whose imposable penalty is reclusion perpetua to death. Qualified rape carries such a penalty. Therefore, the CA correctly imposed the penalty of reclusion temporal maximum, applying the Indeterminate Sentence Law, and properly awarded civil indemnity, moral damages, and exemplary damages to the victim.