"Youthful offender" includes those over 9yo but under 18yo

We find the second argument of appellant meritorious. Article 13, par. (2), of the Revised Penal Code provides that the circumstance that the offender is under eighteen years of age is mitigating and shall be proceeded against in accordance with Art. 80 of the same Code. However, Art. 80 has been expressly repealed by Chapter III of P.D. 603 otherwise known as The Child and Youth Welfare Code. Article 189 of P.D. 603 defines youthful offender as a child, minor, or youth, including one who is emancipated in accordance with law, who is over nine years but under eighteen years of age at the time of the commission of the offense. Obviously, the trial court erred in considering the age of accused-appellant at the time of trial because the law is explicit in this regard. The testimony of appellant that he was only fifteen (15) years old at the time of the commission of the offense is material because under Art. 68, par. (2), of the Revised Penal Code, upon a person over fifteen (15) and under eighteen (18) years of age the penalty next lower than that prescribed by law shall be imposed, but always in the proper period. [G.R. No. 115217. November 21, 1996]