PANDAN, Philip Angelo S.

TITLE: Ortega vs. People, G.R. No. 151085, August 20, 2008
JOEMAR ORTEGA, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent
Ponente: Justice Nachura
Topics: Excepting Circumstances- Minority
Doctrines and Provisions:
RA 9344: Juvenile Justice and Welfare Act
Art. 12 of Revised Penal Code: Circumstances which Exempt from Criminal Liability
Art. 22 of Revised Penal Code: Retroactivity of Penal Laws
Facts:

Joemar Ortega, who was then 14 years old, was charged with the crime of rapefor allegedly
raping AAA, who was about 8 years old. Rape happened in three occasions:
o August 1999, when AAAs mother left her in the care of the petitioners mother,
Luzviminda. That the petitioner woke up AAA and led her in the sala and raped her.
o The next day when the petitioner led AAA into the bathroom and raped her there.
o The third and last time happened in the house of AAA, where her brother caught her and
the petitioner naked waist downand having intercourse.
An amicable settlement22 was reached between the two families through the DAWN Foundation,
an organization that helps abused women and children.
AAAs Father went to NBI to file three counts of rape against Joemar Ortega.
The RTC ruled that the petitioner is guilty beyond reasonable doubt in the crime of rape and is
sentenced to reclusion temporal.
The CA affirmed the ruling of the RTC.
RA 9344 was enacted.

Issues and Holdings:

1. Whether or not the pertinent provisions of R.A. No. 9344 apply to petitioner's case, considering
that at the time he committed the alleged rape, he was merely 13 years old.
It will apply to the petitioners case. Given the precise statutory declaration of RA 9344,
it is imperative that this Court accord retroactive application to the provisions of RA 9344
pursuant to the well-entrenched principle in criminal law - penal laws which are
favorable to the accused are given retroactive effect. Moreover, penal laws are construed
liberally in favor of the accused. In this case, the plain meaning of RA 9344's
unambiguous language, coupled with clear lawmaker's intent is most favorable to herein
petitioner.
Ruling:

Criminal Case filed against petitioner Joemar F. Ortega are hereby DISMISSED. Petitioner is
hereby referred to the local social welfare and development officer of the locality for the appropriate
intervention program. Nevertheless, the petitioner is hereby ordered to pay private complainant AAA,
civil indemnity in the amount of One Hundred Thousand Pesos (P100,000.00) and moral damages in the
amount of One Hundred Thousand Pesos (P100,000.00). No costs.