This case has been cited 1 times or more.
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2009-07-03 |
BRION, J. |
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| In the 1903 case of U.S. v. Bergantino,[33] we accepted testimonial evidence to prove the minority and age of the accused in the absence of any document or other satisfactory evidence showing the date of birth. This was followed by U.S. v. Roxas[34] where the defendant's statement about his age was considered sufficient, even without corroborative evidence, to establish that he was a minor of 16 years at the time he committed the offense charged. Subsequently, in People v. Tismo,[35] the Court appreciated the minority and age of the accused on the basis of his claim that he was 17 years old at the time of the commission of the offense in the absence of any contradictory evidence or objection on the part of the prosecution. Then, in People v. Villagracia,[36] we found the testimony of the accused that he was less than 15 years old sufficient to establish his minority. We reiterated these dicta in the cases of People v. Morial[37] and David v. Court of Appeals,[38] and ruled that the allegations of minority and age by the accused will be accepted as facts upon the prosecution's failure to disprove the claim by contrary evidence. | |||||