MANILA—The Supreme Court (SC) has affirmed the conviction of a child in conflict with the law (CICL) for qualified rape but ordered the suspension of his sentence to prioritize rehabilitation under the Juvenile Justice and Welfare Act.

In a Decision written by retired Associate Justice Mario V. Lopez, the SC En Banc found the accused, identified as XXX265302, guilty of qualified rape of a minor. The Court imposed a penalty of 12 years to 14 years of imprisonment but reaffirmed the intent of Republic Act No. (RA) 9344 to promote the best interests of the child.

Case Background

The accused was 15 years old at the time of the incident involving his five-year-old playmate. According to the prosecution, the accused invited the victim and seven other children to his home, where he removed the victim’s clothes and sexually molested her.

The Regional Trial Court (RTC) initially found him guilty of statutory rape after he turned 18. Although the RTC originally suspended his sentence, it later issued an arrest warrant, leading to his detention at the New Bilibid Prison. He was subsequently transferred to the Davao Prison and Penal Farm and is now 25 years old.

Legal Ruling and Suspension

Under Section 38 of RA 9344, individuals who were minors at the time of the offense are entitled to a suspended sentence. While Section 40 typically addresses suspended sentences for those reaching age 18 or 21, the SC extended the suspension in this case despite the accused’s current age.

The SC cited its 2011 ruling in People v. Jacinto, noting that the age of the CICL at the time of judgment is not the determining factor. The Court emphasized:

“The CICL must be given a chance to live a normal life and become a productive member of the community.”

The Court explained that the law’s legislative intent prioritizes the offender’s “restoration, rehabilitation, and reintegration into the community.”

Remand for Rehabilitation

The SC has remanded the case to the RTC. The lower court is directed to order the accused’s confinement in an agricultural camp or another training facility, as provided under Section 51 of RA 9344, rather than a standard penal colony.