G.R. No. 123298 – 416 SCRA 491 – Criminal Law – Book I – Mitigating Circumstances – Minority as a Defense – No Certificate of Birth
Calpito was convicted of murder by the regional trial court. On November 21, 1990, Calpito robbed and killed a certain Villas in the room of the same. He only managed to wound the grandson of Villas who later positively identified and testified against him. At his second arraignment, Calpito pleaded guilty. He also alleged that he is only 16 years old when he committed the crime.
ISSUE: Whether or not his minority be appreciated as a mitigating circumstance.
HELD: It is established that during the crime, Calpito is indeed below eighteen. Though his real age cannot be ascertained and that the birth certificate that he presented is not satisfactory, throughout the trial, however, he has consistently stated his age as being below 18 at the time of the commission of the crime. His conviction is affirmed but his penalty is reduced.
