Ortega vs. People of the commission of the crime, was below 15 years of age. Under R.A. No.

G. R. No. 151085 9344, he is exempted from criminal liability.

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: 1
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