People v.

Sarcia
G.R. No. 169641, 09/10/09 Leonardo-De Castro, J.
Facts:
On December 16, 1996, petitioner raped five-year old [AAA]. Victim together with
her cousin and other playmates were playing in the yard of Saling Crisologo.
Appellant appeared and invited AAA to go with him in the backyard, unbeknownst
to appellant; AAA’s cousin was following them. Upon reaching the place,
appellant ordered AAA to remove her clothes and then proceeded with the
dastardly act of having carnal knowledge and raping her.
Issue:
Is petitioner entitled to a mitigating circumstance of minority?

Held:
When accused appellant testified on March 14, 2002, he admitted that he was 24
years old, which means that in 1996, he was 18 years old. Under article 68 of the
Revised Penal Code, when the offender is a minor less than 18 years the penalty
next lower than that prescribed bylaw shall be imposed.