ORTEGA V. PEOPLE (CRIMINAL)

Section 6 of RA 9344 clearly and explicitly provides:

Section 6. Minimum Age of Criminal Responsibility - A child 15 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.

A child above 15 years but below 18 years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act.

The exemption from criminal liability here in established doe snot include exemption from civil liability, which shall be enforced in accordance with existing laws. Likewise, Section 64 of the law categorically provides that cases of children 15 years old and below, at the time of the commission of the crime, shall immediately be dismissed and the child shall be referred to the appropriate local social welfare and development officer. What is controlling, therefore, with respect to the exemption from criminal liability of the CICL (Child In Conflict With Law), is not the CICL's age at the time of the promulgation of the judgment bu the CICL's age at the time of the commission of the offense. In short, by virtue of RA 9344, the age of criminal irresponsibility has been raised from 9 to 15 years old.

Given this precise statutory declaration, 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.

It bears stressing that the 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 RA 9344, he is exempted from criminal liability.