SC extends suspended sentence of child offender convicted of rape

The Supreme Court (SC) has extended the suspended sentence imposed on a child in conflict with the law (CICL) who was 15 years old at the time he committed qualified rape.

In a 27-page decision, the SC en Banc denied the appeal of the offender (identified in the document as XXX265302) and remanded his case back to a regional trial court (RTC) to order his confinement in an agricultural camp or other training facility.

It imposed a penalty of 12 years to 14 years against him.

"XXX265302 is entitled to suspension of his sentence, subject to the limit imposed by Section 40 of Republic Act (RA) No. 9344, being a minor at the time of the commission of the offense," it said.

The SC cited Section 38 of the law, which states that an accused who was a minor at the time of the offense is entitled to the suspension of their sentence.

Meanwhile, the high bench said Section 40 provides that when the CICL reaches 18 while under suspended sentence, the court may discharge them, order the execution of their sentence, or extend the suspended sentence for a period or until they reach the maximum age of 21 years old.

The SC also cited a previous ruling that allowed suspended sentences even beyond the age limit of 21.

In this case, the accused was 15 years old when he was charged with raping his five-year-old playmate.

Initially, the regional trial court found the child offender guilty of statutory rape after he turned 18. It imposed a penalty of eight years and suspended his sentence.

The RTC later issued an arrest warrant and detained him at the New Bilibid Prison, despite the suspension of his sentence. 

He was later transferred to the Davao Prison and Penal Farm.

The Court of Appeals also denied his appeal, leading to the present petition before the Supreme Court.

The decision, penned by Associate Justice Mario Lopez, was promulgated in April 2025 and made public in January 2026. — VDV, GMA Integrated News