NO PERSON HAS PERSONAL KNOWLEDGE OF HIS AGE. AGE, THEREFORE, IS TECHNICALLY HEARSAY.

HOWEVER, IT IS AN EXCEPTION TO THE HEARSAY EVIDENCE RULE BECAUSE IT RELATES TO FAMILY HISTORY AND PEDIGREE. LEGAL CONSEQUENCES OF AGE IN CRIMINAL CASES Age (minority) can be appreciated as:

1. As an exempting circumstance a person under nine years of age and a person over 2. 3.
nine but below fifteen, who acted without discernment, are exempt from criminal liability; As a mitigating circumstance a persons criminal liability is mitigated if he is under 18 or over 70; As an aggravating circumstance if a crime is committed with the aid of persons under fifteen years of age, the penalty is aggravated. Also, if the act be committed with insult or disregard of the respect due the offended party on account of his age, the crime is also aggravated; As a qualifying circumstance the age of the offended party is a qualifying circumstance in the crime of rape under Republic Act No. 8353 (for qualified rape, if the victim is under 18 and the offender is a relative or if the victim is a child below 7 years old) or as an element of the crime itself (sexual intercourse with an offended party who is under 12 years old even if the victim consents i.e., there was no force, threat or intimidation, etc)

4.

SUMMARY: AGES BELOW 18 BELOW 12 BELOW 7 RAPE Rape is qualified if the offender is a relative of the victim Rape is committed, although not in its qualified form, even if the victim consents. AGE is an indispensable element of the offense. Rape is ALWAYS qualified

QUESTION: If a victim is 12 and above but below 18 (13 to 17), what crime is committed if the Accused has sexual intercourse with him or her and he or she consents and the offender is not a relative? The crime seduction either under Article 337 or 338 of the RPC. APPEARANCE AS EVIDENCE A person's appearance, where relevant, is admissible as object evidence, the same being addressed to the senses of the court. Section 1, Rule 130 provides: SECTION 1. Object as evidence. Objects as evidence are those addressed to the senses of the court. When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court. QUESTION: CAN THE COURT TAKE JUDICIAL NOTICE OF A PERSONS AGE BY LOOKING AT HIS APPEARANCE? NO. When the trier of facts observes the appearance of a person to ascertain his or her age, he is not taking judicial notice of such fact; rather, he is conducting an examination of the evidence, the evidence being the appearance of the person. Such a process militates against the very concept of judicial notice, the object of which is to do away with the presentation of evidence. EVIDENTIARY RULE WITH RESPECT TO RAPE AND AGE AS EVIDENCE PEOPLE OF THE PHILIPPINES VS. GORGONIO VILLARAMA ALIAS "BABY" G.R. No. 139211, February 12, 2003 Court decisions on the rape of minors invariably state that, in order to justify the imposition of the death penalty, there must be independent evidence showing the age of the victim. Testimonies on the victims age given by the prosecution witnesses or the lack of denial of the accused or even his admission thereof on the witness stand is not sufficient. This Court has held that, to justify the imposition of the death penalty for rape committed against a child below 7, the minority of the victim must be proved with equal certainty and clarity as the crime itself. The failure to sufficiently establish the victims age with factual certainty and beyond reasonable doubt is fatal and consequently bars conviction for rape in its qualified form.

HOW TO PROVE AGE AS AN ELEMENT OF THE CRIME OR AS A QUALIFYING CIRCUMSTANCE PEOPLE versus PRUNA G.R. No. 136471, October 2002 Guidelines in the the matter of appreciating the age of the victim, either as an element of the crime or as a qualifying circumstance:

1. The best evidence to prove the age of the offended party is an original or certified true
copy of the certificate of live birth of such party; 2. In the absence of a certificate of live birth, similar authentic documents such as baptismal certificate and school records which show the date of birth of the victim would suffice to prove age.

3. If the certificate of live birth or authentic document is shown to have been lost or
destroyed or otherwise unavailable, the testimony, if clear and credible, of the victims mother or a member of the family either by affinity or consanguinity who is qualified to testify on matters respecting pedigree such as the exact age or date of birth of the offended party pursuant to Section 40, Rule 130 of the Rules on Evidence shall be sufficient under the following circumstances: a. b. c. If the victim is alleged to be below 3 years of age and what is sought to be proved is that she is less than 7 years old; If the victim is alleged to be below 7 years of age and what is sought to be proved is that she is less than 12 years old; If the victim is alleged to be below 12 years of age and what is sought to be proved is that she is less than 18 years old.

4. In the absence of a certificate of live birth, authentic document, or the testimony of the
victims mother or relatives concerning the victims age, the complainants testimony will suffice provided that it is expressly and clearly admitted by the accused; 5. It is the prosecution that has the burden of proving the age of the offended party. The failure of the accused to object to the testimonial evidence regarding age shall not be taken against him. EFFECT OF VARIANCE BETWEEN ALLEGATION OF AGE AND WHAT IS BELIEVED BY THE COURT AGES ALLEGED TO BE BELOW 3 BUT THE COURT BELIEVES THE VICTIM TO BE ABOVE 3 BUT BELOW 7 ALLEGED TO BE BELOW 7 BUT THE COURT BELIEVES THE VICTIM TO BE ABOVE SEVEN BUT BELOW 12 RAPE Rape is ALWAYS qualified. The death penalty is imposed. Rape is still committed but this time it is statutory rape and the penalty is reclusion perpetua. However, if the offender is a relative, the offense is qualified and the penalty would be death. Rape is committed if there is no consent to the intercourse and penalty is reclusion perpetua. Rape is qualified if committed by a relative (incestuous rape) and penalty would then be death. If there was consent, the offense can be seduction for as long as committed by a nonrelative.

ALLEGED TO BE BELOW 12 BUT THE COURT BELIEVES THE VICTIM TO BE ABOVE 12 BUT BELOW 18.