Robert Remiendo vs People of the Philippines (G.R. No. 184874)

Robert Remiendo vs. People of the Philippines GR 184874 (October 9, 2009

Facts: Petitioner was a minor whose age is above15 but below 18 years old when he raped a minor when the latter was left alone in her house. In violating the minor, he threatened to ic the latter if she would shout for help. Petitioner was convicted of rape but on appeal invoed a suspension of sentence pursuant to !" #$%%. &y the time he was convicted by the trial court and before the case was elevated to the '", he was already (( years old. Issues: )hether petitioner is e*empt from criminal liability. )hether petitioner is entitled to a suspension of sentence under +ec. $8 and % of  !"#$%%. -eld:  o. +ince his age is above 15 and below18, the finding of discernment is necessary to determine if he would be e*empt from criminal liability. In this case, his act of waiting for the victim/s parents to leave the house before defiling the latter and threatening to ic her if she should shout prove that petitioner can differentiate what is right and wrong. Furthermore, +ec. $8 and %, suspension of sentence, can no longer be availed since by the time his sentence was imposed by the trial court,he was already (( years old. +ec %  provides that If the child in conflict with the law has reached eighteen 018 years of age while under suspended sentence, the court shall determine whether to discharge the child in accordance with this "ct, to order e*ecution of sentence, or to e*tend the suspended sentence for a certain period or until the child reaches the ma*imum age of twenty2one 0(1 years.