Minor under 15 years old, A12(2) Revised Penal Code
Minor under 15 years old – refers to the exempting circumstance that exempts an accused from criminal liability for committing an offense due to being a minor under 15 years of age.
1. Concept
Minor under 15 years old – refers to the exempting circumstance that exempts an accused from criminal liability for committing an offense due to being a minor under 15 years of age.
a. Legal basis
Article 12. Circumstances which exempt from criminal liability. – the following are exempt from criminal liability:
2. A minor under 15 years of age (as amended by Section 6, R.A. 9344).
(Revised Penal Code)
b. Effects of exempting circumstances
1) Admission by the accused
An exempting circumstance, by its nature, admits that criminal and civil liabilities exist, but the accused is freed from criminal liability; in other words, the accused committed a crime, but he cannot be held criminally liable therefor because of an exemption granted by law. (Sierra v. People, G.R. No. 182941, July 3, 2009, Per Brion, J.)
Strictly speaking, a person acting under any of the exempting circumstances commits a crime but cannot be held criminally liable therefor. The exemption from punishment stems from the complete absence of intelligence or free will in performing the act. (People v. Pantoja, G.R. No. 223114, November 29, 2017, Per Martires, J.)
2) Burden shifts to accused
As with justifying circumstances, exempting circumstances presupposes that the accused admits to the commission of the offense; however, the accused pleads an exempting circumstance to avoid criminal liability. Thus, the accused has the burden of proof on the applicability the exempting circumstance that is being invoked.
Well settled is the rule in criminal cases, that the prosecution has the burden of proof to establish the guilt of the accused. However, once the defendant admits the commission of the offense charged, but raises an exempting circumstance as a defense, the burden of proof is shifted to him. (People v. Concepcion, G.R. No. 136844, August 1, 2002, Per Quisumbing, J.)
2. Minor under 15 years of age
This person is exempt from criminal liability: Minor under 15 years of age (as amended by Section 6, R.A. 9344). (REVISED PENAL CODE, Article 12[2], as amended by Section 6, R.A. 9344)
R.A. 9344, Juvenile Justice and Welfare Act of 2006, provides:
SEC. 6. Minimum Age of Criminal Responsibility. – A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act.
…
The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws.
1) Presumption of minority
R.A. 9344, Juvenile Justice and Welfare Act of 2006, provides:
SEC. 7. Determination of Age. – The child in conflict with the law shall enjoy the presumption of minority. He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years old or older. The age of a child may be determined from the child’s birth certificate, baptismal certificate or any other pertinent documents. In the absence of these documents, age may be based on information from the child himself/herself, testimonies of other persons, the physical appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her favor.
References
• Title I – Felonies and Circumstances which Affect Criminal Liability, Book I, Act No. 3815, Revised Penal Code
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/Updated: August 26, 2023
