Minority or seniority, A13(2) Revised Penal Code

1. Concept

Minority or seniority – refers to the mitigating circumstance under the Revised Penal Code wherein the accused is a minor being under 18 years old or a senior being over 70 years old.

a. Legal basis

Article 13. Mitigating circumstances. - The following are mitigating circumstances;

2. That the offender is under eighteen year of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of Art. 80.

(Revised Penal Code)

2. Minority (under 18 years old) or Seniority (over 70 years old)

For the mitigating circumstance of minority or seniority, the accused is a minor under 18 years old or a senior over 70 years old.

a. Minority

As an exempting circumstance, minority will only be applicable as against a 15 to 17 year old who committed an offense/crime with discernment. Minors who are under 15 years old are exempt from criminal liability.

People v. Cesar, En Banc, G.R. No. L-26185, March 13, 1968, Per Bengzon, J.P., J.:

• Accused was a student of St. Anthony's Academy in Carmen, Bohol. On March 9, 1966, during the first period in the afternoon, he went out to buy a notebook from the store of a certain Emil Andres and there he met his friend, Vidal Torrefranca who offered him tuba. He drank two glasses and returned to his classes. He was able to attend all his classes and could remember the subjects he attended. After classes, he stood by the flagpole where he met and stabbed with a...


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