Title
Ortega vs. People
Case
G.R. No. 151085
Decision Date
Aug 20, 2008
A 14-year-old was charged with raping an 8-year-old. Despite evidence, the Supreme Court dismissed criminal charges under R.A. No. 9344, exempting minors from liability, but ordered civil damages.

Case Digest (G.R. No. 151085)
Expanded Legal Reasoning Model

Facts:

  • Charges and Arraignment
    • Petitioner Joemar F. Ortega, born August 8, 1983, was charged in two separate Informations dated April 20, 1998 (Crim. Nos. 98-19083 and 98-19084), with rape of AAA, then about six years old.
    • Upon arraignment on September 10, 1998, petitioner pleaded not guilty and trial on the merits commenced.
  • Prosecution’s Version
    • AAA testified that petitioner raped her three times:
      • First occasion, August 1996 at petitioner’s home while AAA (6) and brother BBB (10) were left with petitioner’s mother; petitioner woke AAA, led her to the sala and had sexual intercourse.
      • Second occasion, the following day in the comfort room of petitioner’s residence; petitioner forced entry and raped AAA, warning her not to tell.
      • Third occasion, December 1, 1996 at AAA’s home; petitioner called AAA to a kerosene-lit room, removed both their garments and inserted his penis into her vagina; BBB saw them and reported to their mother.
    • Medical examinations:
      • Dr. Lucifree Katalbas examined AAA shortly after the last incident and found no sign of molestation.
      • On December 12, 1996, Dr. Joy Ann Jocson found fresh superficial abrasions on AAA’s labia and posterior fourchette.
    • An amicable settlement through the DAWN Foundation required petitioner to live elsewhere; subsequent family confrontations led AAA’s parents to file the two rape cases.
  • Defense’s Version
    • Petitioner denied all sexual acts, explaining:
      • He slept in a separate room; never threatened or exposed himself to AAA.
      • He merely assisted AAA in using the toilet and may have accidentally touched her anus.
      • The December 1 incident was innocent dancing and hugging witnessed by all children; BBB was lying.
    • Luzviminda Ortega (petitioner’s mother) corroborated these facts and confirmed the settlement that removed petitioner from AAA’s vicinity.
  • RTC and CA Rulings; Subsequent Petition
    • On May 13, 1999, the RTC of Bacolod City convicted petitioner of two counts of rape, sentencing him to reclusion temporal (medium period) with indeterminate sentence of 6 years & 1 day to 15 years, and ordered P100,000 indemnity. Petitioner was released on bail pending appeal.
    • On October 26, 2000, the Court of Appeals affirmed the RTC Decision in toto; denied petitioner’s motion for reconsideration on November 7, 2001.
    • Petitioner filed this Rule 45 Petition for Review on Certiorari, raising errors in fact appreciation, disregard of medical findings, and improbability of the incidents.

Issues:

  • Whether petitioner is guilty beyond reasonable doubt of two counts of rape.
  • Whether R.A. No. 9344’s provisions on minimum age of criminal responsibility and its transitory provisions apply to petitioner, who was 13 at the time of the alleged offenses.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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