Case Digest (G.R. No. 182941)
Facts:
In Robert Sierra y Caneda v. People of the Philippines (G.R. No. 182941, July 3, 2009), the petitioner, Robert Sierra y Caneda, was charged with qualified rape before the Regional Trial Court (RTC), Branch 159, Pasig City, on August 5, 2000. The Information alleged that, at the petitioner’s home in Palatiw, Pasig City, he, then a minor of alleged age 15, armed with a knife and with lewd designs, forcibly undressed and had sexual intercourse first with his friend BBB and then with his 13-year-old sister, AAA, against her will. AAA later reported the incident, and a medico-legal examination confirmed a hymenal laceration consistent with rape. The petitioner pleaded not guilty, raising denial and alibi defenses; his mother (CCC) and BBB supported his alibi, testifying that he was selling cigarettes at the time and that AAA bore him a grudge. On April 5, 2006, the RTC convicted him of qualified rape (R.A. 8353) and sentenced him to reclusion perpetua, awarding civil indemnity (₱75,0Case Digest (G.R. No. 182941)
Facts:
- Antecedent Facts
- In August 2000, thirteen-year-old AAA and her friend BBB were playing on the second floor of their family home in Palatiw, Pasig, when petitioner Robert Sierra y Caneda arrived armed with a knife, undressed BBB and had sexual intercourse with her, then undressed AAA and likewise had sexual intercourse with her, warning AAA not to divulge the incident.
- AAA later informed her teacher (Elena Gallano) and a parent (Dolores Mangantula), who brought her to the barangay office; a subsequent medical examination revealed a hymenal laceration consistent with sexual abuse.
- Procedural History
- Information and Trial
- Petitioner, then 15 years old, was charged under Article 266-A, RPC (R.A. 8353) with qualified rape of his sister AAA, 13, by force, violence, and intimidation.
- He pleaded not guilty, raising denial and alibi, supported by his mother CCC and witness BBB, who denied the rape of BBB and claimed AAA bore a grudge.
- RTC Decision (April 5, 2006)
- Convicted petitioner of qualified rape and sentenced him to reclusion perpetua, ordering indemnity (₱75,000), moral (₱50,000), and exemplary damages (₱25,000).
- Court of Appeals (CA) Decision (February 29, 2008; Resolution May 22, 2008)
- Affirmed conviction but modified penalty to reclusion temporal maximum; damages affirmed.
- Held petitioner not exempt under R.A. No. 9344 (Juvenile Justice and Welfare Act) due to failure to prove age and disqualification from suspension of sentence for crimes punishable by reclusion perpetua.
- Petition for Review on Certiorari to the Supreme Court under Rule 45 challenging the CA’s application of R.A. No. 9344.
Issues:
- Whether the CA erred in not applying paragraph 1, Section 6 of R.A. No. 9344 to exempt petitioner from criminal liability as a 15-year-old at the time of the offense.
- Whether the CA erred in placing on the defense the burden to present a birth certificate to invoke Section 6 of R.A. No. 9344, contrary to the law’s provisions on burden of proof regarding age.
- Whether the CA erred in applying this Court’s ruling in Declarador v. Hon. Gubaton to deny the benefit of exemption under R.A. No. 9344.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)