G.R. No.

151085 August 20, 2008

Joemar Ortega vs. People of the Philippines

FACTS:

The accused was only 13 years old when he committed the offense of rape against 6 years old AAA. It was
claimed by the defendant that the accused raped AAA 3 times already on three different occasions.
Convinced by the testimonies of the defense, the lower courts (Regional Trial Court and Court of Appeals)
convicted the accused of rape with criminal and civil liability. However, the case was pending when the
Republic Act 9344, known as the Juvenile Justice and Welfare Act of 2006, it was an act amending the age
of criminal irresponsibility being raised from 9 to 15 years of age. At the time of the promulgation of
judgement to the case, the accused had already reached the legal age, the reason why the Office of the
General claimed that the petitioner is no longer exempted from criminal liability as he was no longer a
child defined by R.A. No. 9344.

ISSUE:

Whether or not the petitioner is exempt from criminal liability due to reason of minority.

RULING:

Yes. The petitioner is exempted from criminal liability because he had committed the offense when he
was still 13 years old. Provided that RA 9344 was already enacted, its Section 6 (1) states that “A child
fifteen years of age or under at the time of the commission of the offense shall be exempt from criminal
liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this
Act” it now exempts the accused from criminal liability. It should be noted that it is imperative that the
Court accord retroactive application to the aforequoted provisions of RA No. 9344 pursuant to Article 22
of the revised penal code as it favors the accused. The reason why the new promulgated law was
applicable to the accused although he was already 25 years old. Hence, the court ruled that the
complaint against petitioner Joemar F. Ortega would be dismissed. Nevertheless, he was ordered to pay
private complainant AAA, civil indemnity and moral damages.