Ortega vs. People

G. R. No. 151085, August 20, 2008

Facts:

At the time of commission of rape, the accused was 13 years old while the victim was 6. The case was pending when the Juvenile Justice and Welfare Act of 2006 (R.A. 9344) was enacted amending among others the age of criminal irresponsibility being raised from 9 to 15 years old. At the time of the promulgation of judgment, the accused already reached the age of majority.

Issue:

Whether or not the Juvenile Justice and Welfare Act of 2006 (R.A. 9344) should be applied, in the resolution of the case.

Held:

The Juvenile Justice and Welfare Act of 2006 (R.A. 9344) should be applied.  By virtue of R.A. No. 9344, the age of criminal irresponsibility has been raised from 9 to 15 years old, this law is evidently favorable to the accused. Petitioner was only 13 years old at the time of the commission of the alleged rape. This was duly proven by the certificate of live birth, by petitioner's own testimony, and by the testimony of his mother.  Furthermore, petitioner’s age was never assailed in any of the proceedings before the RTC and the CA. Indubitably, petitioner, at the time of the commission of the crime, was below 15 years of age. Under R.A. No. 9344, he is exempted from criminal liability.