People vs. Magtibay
G.R. No. 142985.
August 6, 2002

Needless to say, it is settled jurisprudence that testimonies of child-victims are given full weight and credit, since when a woman, more so if she is a minor, says she has been raped, she says in effect all that is necessary to show that rape was committed. Youth and immaturity are generally badges of truth and sincerity.

If the accused-appellant had really nothing to do with the crime, it would be against the natural order of events and of human nature, and against the presumption of good faith, that a prosecution witness would falsely accuse him of such a serious crime as rape.

It appears that there was no allegation of the age and minority of the victim in the Information, hence, the trial court was correct in imposing the penalty of reclusion perpetua. The requisite for complete allegations on the particulars of the indictment is based on the right of the accused to be fully informed of the nature of the charges against him so that he may adequately prepare for his defense, pursuant to the due process clause of the Constitution.
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Executive Order No. 209
The Family Code of the Philippines

Title X: Emancipation and the Age of Majority
Note:Please see Republic Act 6809 below which lowered the age of majority from twenty-one to eighteen years..

Art. 234. Emancipation takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of twenty-one years.

Emancipation also takes place:

(1) By the marriage of the minor; or

(2) By the recording in the Civil Register of an agreement in a public instrument executed by the parent exercising parental authority and the minor at least eighteen years of age. Such emancipation shall be irrevocable. (397a, 398a, 400a, 401a)

Art. 235. The provisions governing emancipation by recorded agreement shall also apply to an orphan minor and the person exercising parental authority but the agreement must be approved by the court before it is recorded. (n)

Art. 236. Emancipation for any cause shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts of civil life. (412a)

Art. 237. The annulment or declaration of nullity of the marriage of a minor or of the recorded agreement mentioned in the foregoing. Articles 234 and 235 shall revive the parental authority over the minor but shall not affect acts and transactions that took place prior to the recording of the final judgment in the Civil Register. (n)


Republic Act No. 6809
An Act Lowering the Age of Majority From Twenty-One to Eighteen Years, Amending for the Purpose Executive Order Numbered Two Hundred Nine, And for Other Purposes

Section 1. Article 234 of Executive Order No. 209, the Family Code of the Philippines, is hereby amended to read as follows:

"ART. 234. Emancipation takes place by the attainment of majority. Unless otherwise provided, majority commences at the age of eighteen years."

Sec. 2. Articles 235 and 237 of the same Code are hereby repealed.

SEC. 3. Article 236 of the same Code is also hereby amended to read as follows:

"ART. 236. Emancipation shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts of civil life, save the exceptions established by existing laws in special cases. "Contracting in this Code shall be construed to derogate from the duty or responbility of parents and guardians for children and wards below twenty-one years of age mentioned in the second and third paragraphs of Article 2180 of the Civil Code."

SEC. 4. Upon the effectivity of this Act, existing wills, bequests, donations, grants, insurance policies and similar instruments containing references and provisions favorable to minors will not retroact to their prejudice.

SEC. 5. This Act shall take effect upon completion of its publication in at least two (2) newspapers of general circulation.

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