G.R. No.

166040, April 26, 2006

NIEL F. LLAVE, Petitioner,

vs.
PEOPLE OF THE PHILIPPINES, Respondent.

CALLEJO, SR., J.:

FACTS:

Llave,12 yrs old,raped Debbielyn. The victim was pulled from a vacant lot. The accused
ordered her to lie down on the cement. He removed her shorts and underwear and his own.
He penetrated his penis into victims vagina and had a push and pull movement. Teofisto the
witness saw the incident and shouted. The accused fled the scene. During trial the accused
argued being a minor , he is presumed that he acted without discernment under paragraph 3
article 12 of the revised penal code thus exempt from criminal liability.

ISSUE:

Wether or not the accused acted with discernment

HELD: yes. The accused acted with discernment. The factual circumstances which boistered
that he acted with discernment is when the accused stated that he was an outstanding
student. This allegation proved he acted with discernment with full knowledge and
intelligence. He was possessed of intelligence well beyond his years and thus was able to
distinguish which conduct is right or wrong. Hence, the accused is not exempt from criminal
liability.