G.R. No.

151085             August 20, 2008

JOEMAR ORTEGA, petitioner,
vs.
PEOPLE OF THE PHILIPPINES, respondent.

DECISION

NACHURA, J.:

Before this Court is a Petition1 for Review on Certiorari under Rule 45 of the Rules of Civil Procedure
seeking the reversal of the Court of Appeals (CA) Decision2 dated October 26, 2000 which affirmed in
toto the Decision3 of the Regional Trial Court (RTC) of Bacolod City, Branch 50, dated May 13, 1999,
convicting petitioner Joemar Ortega4 (petitioner) of the crime of Rape.

The Facts

Petitioner, then about 14 years old,5 was charged with the crime of Rape in two separate informations
both dated April 20, 1998, for allegedly raping AAA,6 then about eight (8) years of age. The accusatory
portions thereof respectively state:

Criminal Case No. 98-19083

That sometime in August, 1996, in the Municipality of XXX, Province of YYY, Philippines, and
within the jurisdiction of this Honorable Court, the above-named accused, by means of force