Valcesar Estioca vs People of the Philippines

(GR 173876 June 27, 2008

!acts
A number of persons were accused of conspiring and robbing an elementary
school. One of which is Boniao who was 14 years old at the time of the commission
of the crime. They were found guilty by the lower court. When the case was
appealed to the CA, A !"44 too# e$ect and Boniao was ac%uitted since he was a
minor at the time of the crime but without pre&udice to his ci'il liability. Custody was
gi'en to his parents.
"##$E
Whether A !"44 can retroact to Boniao(s case.
%E&'(
)es, the rec#oning point in considering minority is the time of the commission
of the crime. *n this case Boniao is 14 years old hence e+empted from criminal
liability without pre&udice to his ci'il liability. Art ,, of the e'ised -enal Code
pro'ides that penal laws may be gi'en retroacti'e e$ect if they are in fa'our of the
acused.
Joe)ar *rte+a vs( People of the Philippines
(GR 1,108, -u+ust 20, 2008
!acts
-etitioner was 1" years old when he raped a . year old girl This act was committed
sometime in 1!!.. The lower courts con'icted him of rape with criminal and ci'il
liability imposed. /uring the pendency of appeal in the 0upreme Court, A !"44
was passed which pro'ided that at the time of the commission of the crime, a child
whose age was 11 years old and below will be e+empted from criminal liability.
"##$E.
Whether criminal liability attaches although there were already con'ictions in
the lower court. 0tated otherwise, whether the retroacti'e e$ect of the law is not
applicable in the case at bar.
%E&'(
2O. Although there is a crime committed, no criminal liability attaches. 0ec.
11 of A !"44 e+empts a child below 3fteen from criminal liability if at the time of
the commission of the crime he is below 3fteen 4115 years of age. 6pon assessment,
the o$ender will be released to the custody of his parents or be referred to
pre'ention programs. *t is gi'en a retroacti'e since penal laws which are fa'ourable
to the accused are gi'e retroacti'e e$ect4Art ,, of the e'ised -enal code5
7'en if the crime committed is heinous as in this case 8rape9 criminal liability
does not attach. The :aw in the logic of the law should be addressed in Congress
and not in courts. This is to gi'e life to the full intent of the law. Ci'il liability
howe'er, is not e+tinguished.
Ro/ert #ierra vs People of the Philippines
(GR 182011 Jul2 3, 2000
!acts
-etitioner was 11 years old when he raped a minor. ;e was con'icted of rape
and was imposed a penalty of imprisonment of reclusion perpetua and a 3ne. ;e
ele'ated the case to CA and during the pendence of the case, A !"44 too# e$ect.
CA a<rmed the con'iction and denied the defense of minority since the age was
not established by presenting the birth certi3cate 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.
"##$E#
Who has the burden of proof in establishing the age of the accused=
Whether the law be gi'en retroacti'e application.
%E&'.
The duty to establish the age of the accused is not on the prosecution but on
the accused. Age can be established by birth certi3cate. 0ec. > pro'ides that in the
absence of such document, age may be based from the information of the child,
testimonies of other persons, physical appearance and other rele'ant e'idence.
Also in case of doubt, minority should be in fa'our of the child. *n the case at bar,
minority was established by the testimonies of the petitioner and his mother. This
was not ob&ected by the prosecution and did not e'en presented contrary e'idence.
Thus, minority is established.
The law should be gi'en retroacti'e application since this fa'ors the accused
as pro'ided for in the e'ised -enal Code 8 penal laws fa'ouring the accused should
be gi'en retroacti'e e$ect. ;ence the accused is considered a minor with an age of
not abo'e 11 years old. The case is dismissed and the petitioner is referred to the
appropriate local social welfare.
Ra2)un3 4a3ali an3 Ro3el 4a3ali vs( People of the Philippines
(GR 180380 -u+ust 1, 2000
!acts.
-etitioners in:icted physical in&uries to the 'ictim which caused the latter(s
death. At the time of the crime, aymund and odel were minors 8 14 years old and
1. years old respecti'ely. The lower court found them guilty of homicide. -etitioners
ele'ated the case to the CA and during the pendency of the appeal, A !"44 too#
e$ect.
"##$E
Whether petitioners should be e+empted from criminal liability.
%E&'
)es. At the time of the commission of the crime, petitioners were minors. By
pro'isions of A !"44, they are e+empted from liability but not from criminal
liability. Their e+emption howe'er di$ers. *n the case of aymund, the case is
dismissed as to him since he was below 11 years old. ;e is to be released and
custody is gi'en to the parents by 'irtue of A !"44 0ecs. . and ,? 8 setting the
minimum age of criminal responsibility and who will ha'e custody respecti'ely. *n
the case of odel, who was 1. years old at that time, *t is necessary to determine
whether he acted with discernment or not. 0ec . pro'ides that children abo'e 11
but below 1@ will be e+empt from criminal liability unless he acted with
discernment. ;e, howe'er, should be sub&ected to an inter'ention program. 0ec "@
pro'ides for the automatic suspension of sentence.
PE*P&E *! 5%E P%"&"PP"6E#, 's. %ER4"E 4( J-7"65*
(GR 182230 4arch 16, 2011

!-75#.
Accused9appellant ;ermie Aacinto, is charged and con'icted in the lower
courts of raping a 19year old child, AAA. Aacinto is neighbors with the family of AAA
for a long time and he was friends with the 'ictim(s father. The 'ictim AAA #new
Aacinto well, as she calls him kuya.
On Aanuary ,??", the 'ictim(s father sent his other daughter, CCC, to the
store to buy cigarettes and the 'ictim followed her older sister but did not return
with the latter. The father thought that she was left behind to watch tele'ision at
another house. A witness saw Aacinto with the 'ictim later on, at the store where the
latter was seated in his lap. The 'ictim testi3ed that when she left the store with
the accused Aacinto, he had carnal #nowledge of her. 0he went home crying after
the incident.
The 'ictim(s father confronted Aacinto and called the police. AAA underwent a
physical chec#9up which leads to 3ndings that she had been raped. Bor his defense,
Aacinto interposed an alibi, that he attended a birthday party at the time of the
incident and that the 'ictim merely followed him when he went to the store.
The TC found Aacinto guilty beyond reasonable doubt. Thereafter, the
defense mo'ed to reopen the trial for reception of newly disco'ered e'idence. *t is
stated that appellant Aacinto was born on Carch 1, 1!@1. This means that at the
time of the alleged commission of the crime, he was merely 1> years old. The TC
appreciated the new e'idence and reduced the penalty. The Court of Appeals
a<rmed the decision.
"##$E. Whether or not accused appellant Aacinto should be con'icted of rape.
What is the imposable penalty on the appellant=
%E&'. )es, 0C con3rms con'iction. ;owe'er due to the retroacti'e e$ect of A
!"44, and it being pro'en that Aacinto was a minor at the time the crime was
committed The rape that too# place has been su<ciently pro'en in the court.
Therefore, the 0upreme Court found su<cient ground for con'iction.
*n ,??", at the time of the commission of the crime, Aacinto was 1> years old.
Though the A !"44 too# e$ect only in ,??., it is gi'en a retroacti'e e$ect. 0ec. .
of epublic Act 2o. !"44 e+empts a child abo'e 3fteen 4115 years but below
eighteen 41@5 years of age from criminal liability, unless the child is found to ha'e
acted with discernment, in which case, Dthe appropriate proceedingsD in accordance
with the Act shall be obser'ed.
*n the present case, Aacinto showed discernment in committing the crime as
pro'en by the facts that he choose an isolated and dar# place to perpetrate the
crime, to pre'ent detection and he bo+ed the 'ictim to wea#en her defense. These
are indicati'e of then 1> year9old appellant(s mental capacity to fully understand
the conse%uences of his unlawful action.
To gi'e meaning to the legislati'e intent of the Act, the promotion of the
welfare of a child in con:ict with the law should e+tend e'en to one who has
e+ceeded the age limit of twenty9one 4,15 years, so long as heEshe committed the
crime when heEshe was still a child. The o$ender shall be entitled to the right to
restoration, rehabilitation and reintegration in accordance with the Act in order that
heEshe is gi'en the chance to li'e a normal life and become a producti'e member of
the community. The age of the child in con:ict with the law at the time of the
promulgation of the &udgment of con'iction is not material. What matters is that the
o$ender committed the o$ense when heEshe was still of tender age.
A 2o. !"44 warrants the suspension of sentence of a child in con:ict with
the law notwithstanding that heEshe has reached the age of ma&ority at the time the
&udgment of con'iction is pronounced. According to the law, the appellant may be
con3ned in an agricultural camp or any other training facility in accordance with
0ec. 11 of epublic Act 2o. !"44.
PE*P&E *! 5%E P%"&"PP"6E# vs( JER8"6 9$"65-&, V"7E65E :*6G-5,
!E&"PE 9$"65-&, an3 &-RR; P-65"
(G(R( 6o( 181170 !e/ruar2 2, 2011
!-75#.
On , Cay ,??1, appellant Ficente, together with 119year old Aerwin Guintal,
1.9year old Belipe Guintal and Harry -anti were charged in an *nformation for ape.
The 'ictim is a 1.9year old girl, AAA. Of all the accused, only Belipe and Aerwin were
arrested. The 'ictim testi3ed that in August ,??,, as she was lea'ing a wa#e at
around 1? pm, she noticed that Aerwin was following her. 0he recogniIed Aerwin
because he was her schoolmate. As AAA was about to go into her grandmother(s
house, the both of the accused in'ited her to go to a birthday party, to which she
acceded. 0he was then led to a rice 3eld where the other accused were and all four
of them too# turns to rape her.
AAA reported the incident after , days. The parents of Aerwin accompanied
their son and there were tal#s of Aerwin proposing marriage to the 'ictim and there
was an admission of the rape put in writing. Bor the defense, Aerwin claimed that the
'ictim was his girlfriend and they had se+ual intercourse before.
*n ,??., the TC con'icted all the accused of rape and sentenced them to
su$er the penalty of reclusion perpetua, but mitigated the penalty imposed on
Aerwin and Belipe for they were minors. -ursuant to .A. 2o. !"44, the &udgment of
con'iction against Aerwin Guintal and Belipe Guintal was suspended and they were
con3ned at the ;ome for Boys in 2aga City for rehabilitation.
*n ,??!, the TC ordered the dismissal of the cases against Aerwin and Belipe
upon reconsideration upon the recommendation of the /0W/. The only appellant in
this case is Ficente, who was not a minor at the time of the commission of the
crime.
"##$E. Whether or not there is su<cient e'idence for con'iction.
%E&'. 2o. The credibility of the testimonies of the prosecution witnesses, as well
as the inconclusi'e medical 3nding, tends to create doubt if AAA was indeed raped.
The TC and the Court of Appeals relied largely on the testimony of AAA that she
was raped.
The 0C doubted the credibility of AAA(s testimony, which was inconsistent
with the testimonies she told the barangay tanod and barangay #agawad, the
purported confession put into writing and signed by all the accusedJ and the
subse%uent incidents relating to the case. The combination of all the circumstances
are more than su<cient to create a reasonable doubt as to whether 3rst, rape was
actually committed and second, whether the accused were the perpetrators.
As to the minors Aerwin and Belipe, the case against them had been dismissed
before the TC.
13<2ear<ol3 /o2 arreste3 (http.==>>>(philstar(co)=)etro=106001=13<2ear<
ol3</o2<arreste3
6pdated Aanuary @, ,??1
K-olice arrested the other day a 1" year9old boy for allegedly stabbing and
robbing a college student inside her house in Caloocan City. The suspect, an
out9of9school9youth, and a resident of Ladiwa, Caloocan, is now detained at
the city &ail, after charges of theft and attempted murder were 3led against
him. The city -rosecutor(s O<ce recommended bail of -1,@,???. Fictim
Aocelyn Marcia, 1!, a student of the Bar 7astern 6ni'ersity, and a resident of
1" -uri3cation 0t., Caypa&o, su$ered a stab wound in her thigh. According to
-O" olando /omingo, the incident too# place at about " a.m inside the
'ictim(s house in Caypa&o. Marcia was sleeping in the li'ing room when the
suspect forced his way inside the house. eports said the boy snea#ed in
through a window, and started going through the 'ictim(s things. Marcia
howe'er, wo#e up when she heard the commotion. The suspect then too# out
a #nife and stabbed Marcia in the left thigh. The 'ictim screamed for help as
the suspect immediately :ed the scene, ta#ing Marcia(s wallet. The 'ictim(s
mother, osalie, rushed down and saw her daughter bleeding. 0he was
rushed to a nearby hospital for medical treatment.N
2 /o2s accuse3 of rapin+ 7<2ear<ol3 +irl (http.==>>>(a/s<
c/nne>s(co)=nation=re+ions=11=00=12=2</o2s<accuse3<rapin+<7<2ear<ol3<
+irl
-osted at 11E?!E,?1, 1O?> -C
KCA2*HA, -hilippines 8 Two 1,9year9old boys ha'e been arrested in the town
of 0antiago, *locos 0ur after both were accused of raping a >9year9old girl. The
suspects told police they dran# alcohol and then in'ited the girl to a cree#,
where the alleged rape happened. They claimed they did not #now what they
were doing at the time of the incident because they were drun#. -olice are
now mulling o'er the charges that can be 3led against the minors, who are
both out of school. They ha'e been turned o'er to the custody of the
/epartment of 0ocial Welfare and /e'elopment. Their parents, meanwhile,
are undergoing family counseling. The >9year9old 'ictim is also undergoing
counseling.N
1 )inors na//e3 for alle+e3 rape of 1,<2ear<ol3 +irl in 97
(http.==>>>(intera?s2on(co)=article=,3336=vi3eo<<1<)inors<na//e3<for<
alle+e3<rape<of<1,<2ear<ol3<+irl<in<@c
Aanuary ,,, ,?1" !O,, -C
KCA2*HA, -hilippines 9 -olice arrested four minors on 0aturday for allegedly
raping a 119year9old girl in Barangay Hoyola ;eights, GueIon City on Aanuary
1.. The 'ictim, with pseudonym D/iane,D went with her friends to the house
of one of the suspects for a birthday party. 0he told 2ews1 that she felt diIIy
after drin#ing alcohol, which she said was laden with D'etsin.D. 0he was then
o'erpowered by the suspects, who caught her in a headloc# and co'ered her
mouth with a hand#erchief until she lost consciousness. GueIon City police
apprehended the suspects in the same location. When sought for an
e+planation for the incident, one of the teenagers said he was drun# at the
time and had no idea how it happened. Two other suspects blamed the
incident on the 'ictim. The 3rst said /iane wanted it to happen, while the
second said it would not ha'e happened if she did not go to the party in the
3rst place. Authorities admit that their hands are tied when it comes to
dealing with cases in'ol'ing child o$enders. KWe cannot do anything e+cept
turn them o'er to /0W/ 4the /epartment of 0ocial Welfare and
/e'elopment5,N said 0upt. ichard Biesta of the GueIon City -olice /istrict.
0ection . of epublic Act !"44 or the Au'enile Austice and Welfare Act states
that children below 1@ years old at the time the o$ense was committed are
e+empt from criminal liability. The law mandates that child o$enders be
Ksub&ected to an inter'ention programN to be determined by a Klocal social
welfare and de'elopment o<cerN in consultation with the child and his or her
guardian. The law further states that a child abo'e 11 and below 1@ years old
will be Ksub&ected to the appropriate proceedingsN if he or she committed the
o$ense Kwith discernment.D Twenty9eight minors are arrested in the
-hilippines each day for 'arious crimes, according to the 6nited 2ations
Children(s Bund. Because children canPt be slapped with criminal charges,
syndicates often use them in their illegal operations. KThere are many reports
that minors are used 4by syndicates5,N said 0upt. 7mma Hibunao, chief of the
Women and Children -rotection /i'ision of the Criminal *n'estigation and
/etection Mroup. KBased on our e+perience, there is ne'er a day when we
ha'e Iero &u'enile cases. There really are o$enders,N she added. K