Rennie Declarador vs Hon. Gubaton et. Al.

GR 159208 (August 18, 2006) Facts: Accused was 17 years old when he stabbed his female teacher in high school 15 times which resulted to the latter’s death. Based on the evidence and his plea of guilt, accused was convicted of murder with qualifying circumstance of evident premeditation but the court considered accused’s minority as a special mitigating circumstance thus his sentence was lowered. Instead of reclusion perpetua, the maximum term of imprisonment of reclusion temporal was given in view of the mitigating circumstance. Further the sentence was suspended and commitment to youth rehabilitation center was ordered. This is pursuant with PD 603 as amended. Petitioner, however, claimed that under Art. 192 of PD 603 and AM 02-1-18-SC, the sentence should not have been suspended since the juvenile convicted committed an offense punishable by death, life imprisonment or reclusion perpetua. ISSUE Whether the accused’s sentence should be suspended since the crime committed is punishable by reclusion perpetua but due to the mitigating circumstance of minority the sentence given was reduced to reclusion temporal given the fact that RA 9344 took effect. HELD No. The basis of the exclusion of suspension of sentence is the imposable penalty for the crime regardless of the actual penalty given. Under the RPC, the imposable penalty is reclusion perpetua to death. RA 9344 superseded PD 603 but retained the provisions regarding disqualifications in the suspension of sentence such as the case at bar. Thus, the suspension of sentence was improper.

arraignment he pleaded not guilty but re-entered his plea of guilty to avail the benefits of firs time offenders. Subsequently, he applied for probation but was denied. In his petition for certiorari, the court said that probation and suspension of sentence are different and provisions in PD 603 or RA 9344 cannot be invoked to avail probation. It is specifically stated that in drug trafficking, application for probation should be denied. As a side issue, the court discussed the availment of suspension of sentence under RA 9344. ISSUE Whether suspension of sentence under RA 9344 can still be invoked given the fact that the accused is now 21 years old. HELD NO. The suspension of sentence under Section 38 of Rep. Act No. 9344 could no longer be retroactively applied for petitioner’s benefit. Section 38 of Rep. Act No. 9344 provides that once a child under 18 years of age is found guilty of the offense charged, instead of pronouncing the judgment of conviction, the court shall place the child in conflict with the law under suspended sentence. Section 40 of Rep. Act No. 9344, however, provides that once the child reaches 18 years of age, the court shall determine whether to discharge the child, order execution of sentence, or extend the suspended sentence for a certain specified period or until the child reaches the maximum age of 21 years. Petitioner has already reached 21 years of age or over and thus, could no longer be considered a child for purposes of applying Rep. Act 9344. Thus, the application of Sections 38 and 40 appears moot and academic as far as his case is concerned.

Valcesar Estioca vs. People of the Philippines GR 173876 (June 27, 2008) Facts A number of persons were accused of conspiring and robbing an elementary school. One of which is Boniao who was 14 years old at the time of the commission of the crime. They were found guilty by the lower court. When the case was appealed to the CA, RA 9344 took effect and Boniao was acquitted since he was a minor at the time of the crime but without prejudice to his civil liability. Custody was given to his parents.

Michael Padua vs People of the Philippines GR 168546 (July 23, 2008) Facts: Petitioner, who was then 17 years old, was involved in selling illegal drugs. Initially in his

151085 (August 20. minority was established by the testimonies of the petitioner and his mother. Sec. 2009) Facts Petitioner was 15 years old when he raped a minor. 2008) Facts: Petitioner was 13 years old when he raped a 6 year old girl This act was committed sometime in 1996. He elevated the case to CA and during the pendence of the case. The law should be given retroactive application since this favors the accused as provided for in the Revised Penal Code – penal laws favouring the accused should be given retroactive effect. According to them the burden of proof of age is upon the prosecution. HELD. Sec. This is to Whether the law be given retroactive application. 7 provides that in the absence of such document. He was convicted of rape and was imposed a penalty of imprisonment of reclusion perpetua and a fine. The lower courts convicted him of rape with criminal and civil liability imposed. Thus. The flaw in the logic of the law should be addressed in Congress and not in courts. CA affirmed the conviction and denied the defense of minority since the age was not established by presenting the birth certificate but only alleged in the testimonial of the petitioner and his mother. ISSUES Who has the burden of establishing the age of the accused? proof in Joemar Ortega vs. GR. age may be based from the information of the child. Whether RA 9344 can retroact to Boniao’s give life to the full intent of the law. the reckoning point in considering minority is the time of the commission of the crime. NO. RA 9344 was passed which provided that at the time of the commission of the crime. 15 of RA 9344 exempts a child below fifteen from criminal liability if at the time of the commission of the crime he is below fifteen (15) years of age. Yes. The case is dismissed and the petitioner is referred to the appropriate local social welfare. HELD: The duty to establish the age of the accused is not on the prosecution but on the accused. HELD. the offender will be released to the custody of his parents or be referred to prevention programs. Stated otherwise.criminal liability does not attach. minority is established. People of the Philippines GR 180380 (August 4. Although there is a crime committed. Upon assessment. Raymund Madali and Rodel Madali vs.ISSUE case. During the pendency of appeal in the Supreme Court. In the case at bar. testimonies of other persons. minority should be in favour of the child. 2009) . Hence the accused is considered a minor with an age of not above 15 years old. In this case Boniao is 14 years old hence exempted from criminal liability without prejudice to his civil liability. People of the Philippines. physical appearance and other relevant evidence. It is given a retroactive since penal laws which are favourable to the accused are give retroactive effect(Art 22 of the Revised Penal code) Even if the crime committed is heinous as in this case –rape. RA 9344 took effect. Civil liability however. Art 22 of the Revised Penal Code provides that penal laws may be given retroactive effect if they are in favour of the acused. Age can be established by birth certificate. whether the retroactive effect of the law is not applicable in the case at bar. This was not objected by the prosecution and did not even presented contrary evidence. no criminal liability attaches. Also in case of doubt. a child whose age was 15 years old and below will be exempted from criminal liability. ISSUE: Whether criminal liability attaches although there were already convictions in the lower court. Robert Sierra vs People of the Philippines GR 182941 (July 3. is not extinguished.

However. In the case of Raymund. He was convicted of rape with a penalty of death which was affirmed by the Court of Appeals in 2005. In violating the minor. It applies even to heinous crimes such as in this case even if the child in conflict with the law is already 18 years of age or more at the time of the pronouncement of his guilt. 38 and 40 of RA 9344. 2009) Facts: Accused was 17 years old when he raped the victim who was then a minor. the finding of discernment is necessary to determine if he would be exempt from criminal liability. Sec 38 provides for the automatic suspension of sentence. 40 limits the suspension of sentence until the child reaches the maximum age of 21. who was 16 years old at that time. Sec 38 does not distinguish as to which crimes the suspension of sentence is applicable. can no longer be availed since by the . During the pendency of the appeal in the Supreme Court. RA 9344 took effect. should be subjected to an intervention program. however. By the time he was convicted by the trial court and before the case was elevated to the CA. in coordination with the DSWD. accused was already 31 years old. ISSUE Whether SEC 38 and 40 of RA 9344 to the suspension of sentence apply to the instant case. At the time of the crime. Raymund and Rodel were minors – 14 years old and 16 years old respectively.Facts: Petitioners inflicted physical injuries to the victim which caused the latter’s death. 38 and 40. People of the Philippines GR 184874 (October 9. It is necessary to determine whether he acted with discernment or not. At the time of the commission of the crime. Petitioners elevated the case to the CA and during the pendency of the appeal. HELD The application of suspension of sentence is now moot and academic. He is to be released and custody is given to the parents by virtue of RA 9344 Secs. HELD Yes. Before the promulgation of SC decision. Petitioner was convicted of rape but on appeal invoked a suspension of sentence pursuant to RA 9344. Sec. they are exempted from liability but not from criminal liability. By provisions of RA 9344. the case is dismissed as to him since he was below 15 years old. he may be ordered to serve in an agricultural camp and other training facilities that may be established. He. Sec. maintained. 6 and 20 – setting the minimum age of criminal responsibility and who will have custody respectively. Furthermore. 2009) Facts: Petitioner was a minor whose age is above 15 but below 18 years old when he raped a minor when the latter was left alone in her house. RA 9344 took effect. petitioners were minors. Sec 6 provides that children above 15 but below 18 will be exempt from criminal liability unless he acted with discernment. he was already 22 years old. 51 of RA 9344 where in lieu of confinement in a regular penal institution. he is entitled to appropriate disposition under Sec. Held: No. People of the Philippines vs. ISSUE Whether petitioners should be exempted from criminal liability. suspension of sentence. The lower court found them guilty of homicide. his act of waiting for the victim’s parents to leave the house before defiling the latter and threatening to kick her if she should shout prove that petitioner can differentiate what is right and wrong. In this case. Since his age is above 15 and below 18. he threatened to kick the latter if she would shout for help. Robert Remiendo vs. Issues: Whether criminal liability. supervised and controlled by the BUCOR. petitioner is exempt from Whether petitioner is entitled to a suspension of sentence under Sec. Richard Sarcia GR 169641 (September 10. In the case of Rodel. Their exemption however differs. The civil liability remains the same and unaffected. Though the accused is already 31 years old.

Jacinto showed discernment in committing the crime as proven by the facts that he choose an isolated and dark place to perpetrate the crime.time his sentence was imposed by the trial court. 2011 PEOPLE OF THE PHILIPPINES. Thereafter. AAA. the defense moved to reopen the trial for reception of newly discovered evidence. In the present case. Jacinto is neighbors with the family of AAA for a long time and he was friends with the victim’s father. unless the child is found to have acted with discernment. The RTC appreciated the new evidence and reduced the penalty. However due to the retroactive effect of RA 9344. to order execution of sentence. 182239 March 16. A witness saw Jacinto with the victim later on. so long as he/she committed the crime when he/she was still a child. JACINTO. Though the RA 9344 took effect only in 2006. to the store to buy cigarettes and the victim followed her older sister but did not return with the latter. The victim testified that when she left the store with the accused Jacinto. to prevent detection and he boxed the victim to weaken her defense. Therefore. She went home crying after the incident. in which case. rehabilitation and reintegration in accordance with the Act in order that he/she is given the chance to live a normal life and become a productive member of the community. The father thought that she was left behind to watch television at another house. In 2003. To give meaning to the legislative intent of the Act. or to extend the suspended sentence for a certain period or until the child reaches the maximum age of twenty-one (21) years”. No. 1985. AccusedAppellant. is charged and convicted in the lower courts of raping a 5-year old child. as she calls him kuya. that he attended a birthday party at the time of the incident and that the victim merely followed him when he went to the store. it is given a retroactive effect. the victim’s father sent his other daughter. ISSUE: Whether or not accused appellant Jacinto should be convicted of rape. vs. Sec. AAA underwent a physical checkup which leads to findings that she had been raped. The age of the child in conflict with the law at the time of the promulgation of the judgment of conviction is not material. The victim AAA knew Jacinto well. SC confirms conviction. What is the imposable penalty on the appellant? HELD/RATIO: Yes. 9344 warrants the suspension of sentence of a child in conflict with the law notwithstanding that he/she has reached the age of . On January 2003. The victim’s father confronted Jacinto and called the police. he was merely 17 years old. 9344 exempts a child above fifteen (15) years but below eighteen (18) years of age from criminal liability. he had carnal knowledge of her. The RTC found Jacinto guilty beyond reasonable doubt. Jacinto interposed an alibi. the court shall determine whether to discharge the child in accordance with this Act. HERMIE M. CCC. "the appropriate proceedings" in accordance with the Act shall be observed. G. Jacinto was 17 years old.R. the promotion of the welfare of a child in conflict with the law should extend even to one who has exceeded the age limit of twenty-one (21) years. FACTS: Accused-appellant Hermie Jacinto. These are indicative of then 17 year-old appellant’s mental capacity to fully understand the consequences of his unlawful action. What matters is that the offender committed the offense when he/she was still of tender age. The Court of Appeals affirmed the decision. This means that at the time of the alleged commission of the crime. he was already 22 years old. and it being proven that Jacinto was a minor at the time the crime was committed The rape that took place has been sufficiently proven in the court. at the store where the latter was seated in his lap. 6 of Republic Act No. The offender shall be entitled to the right to restoration. Sec 40 provides that “If the child in conflict with the law has reached eighteen (18) years of age while under suspended sentence. RA No. For his defense. the Supreme Court found sufficient ground for conviction. PlaintiffAppellee. at the time of the commission of the crime. It is stated that appellant Jacinto was born on March 1.

only Felipe and Jerwin were arrested. the petitioners interposed that they were at their family residence and drinking gin. The witness’ positive identification of the petitioners as the killers. Under Article 248 of the RPC. FACTS: On 2 May 2001. PEOPLE OF THE PHILIPPINES.R. 173822 October 13. Given that the entire period of Monreal’s detention should be credited in the service of his sentence. She recognized Jerwin because he was her schoolmate. G. ISSUE: Whether or not the lower courts erred in finding the petitioners guilty beyond reasonable doubt for murder. It was said that both petitioners barged in on the house of one Desder. AAA. 9344. He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years old or older. 9344: Section 7. Monreal has been detained for over 16 years. What is the penalty to be imposed on Monreal. the police blotter and trial records show that Monreal was a minor at the time of the commission. it cannot be doubted that Monreal was a minor below 18 years of age when the crime was committed on April 18.R. It is important to note that Salvador Monreal was a minor at the time of the commission of the crime. JERWIN QUINTAL. 1994. law enforcement officers. she noticed that Jerwin was following her. where the victim was a guest and suddenly shot at Llona with their guns. vs. pursuant to Section 41 of Republic Act No. 1994 until the present. the CA correctly imposed the lesser penalty of reclusion perpetua on Atizado. the penalty imposed on Monreal is suspended. the appellant may be confined in an agricultural camp or any other training facility in accordance with Sec. Respondent. No. prosecutors. 2010 The RTC and the CA did not appreciate Monreal’s minority at the time of the commission of the murder probably because his birth certificate was not presented at the trial. from the time of his arrest on May 18. VICENTE BONGAT. conviction affirmed. Yet. together with 15-year old Jerwin Quintal. No. the court affirmed the conviction in 2005. G. they fled. and her declarations on what each of the petitioners did when they mounted their sudden deadly assault against Llona left no doubt whatsoever that they had conspired to kill and had done so with treachery. . However. There being no modifying circumstances. For their defense. for it conformed with the norms subsequently set under Section 7 of Republic Act No. judges and other government officials concerned shall exert all efforts at determining the age of the child in conflict with the law. FACTS: Petitioners Atixado and Monreal are accused of killing and murdering one Rogelio Llona on April 1994.The child in conflict with the law shall enjoy the presumption of minority. His counter-affidavit. Of all the accused. FELIPE QUINTAL and LARRY PANTI. Plaintiff-Appellee. The RTC convicted Atizado and Monreal for the crime of murder and sentenced them with reclusion perpetua. a minor during the time of the commission? HELD/RATIO: Yes. But reclusion perpetua was not the correct penalty for Monreal due to his being a minor over 15 but under 18 years of age. that is. After the shooting. The victim is a 16-year old girl. PEOPLE OF THE PHILIPPINES. In all proceedings. appellant Vicente. On appeal to the CA. According to the law. Petitioners. 9344. the penalty for murder is reclusion perpetua to death. vs. The victim testified that in August 2002.majority at the time the judgment of conviction is pronounced. 51 of Republic Act No. Determination of Age. 184170 February 2. 16-year old Felipe Quintal and Larry Panti were charged in an Information for Rape. as she was leaving a wake at around 10 pm. Accused. As AAA was about to go into her grandmother’s . the revision of the penalty warranted his immediate release from the penitentiary. Monreal’s minority was legally sufficient. 2011 SALVADOR ATIZADO and SALVADOR MONREAL.

For the defense. whether the accused were the perpetrators. as well as the inconclusive medical finding. The parents of Jerwin accompanied their son and there were talks of Jerwin proposing marriage to the victim and there was an admission of the rape put in writing. the purported confession put into writing and signed by all the accused. The only appellant in this case is Vicente. HELD/RATIO: No. which was inconsistent with the testimonies she told the barangay tanod and barangay kagawad. . The SC doubted the credibility of AAA’s testimony. tends to create doubt if AAA was indeed raped. AAA reported the incident after 2 days. She was then led to a rice field where the other accused were and all four of them took turns to rape her. to which she acceded. but mitigated the penalty imposed on Jerwin and Felipe for they were minors. As to the minors Jerwin and Felipe. Jerwin claimed that the victim was his girlfriend and they had sexual intercourse before. Pursuant to R.A. No. The combination of all the circumstances are more than sufficient to create a reasonable doubt as to whether first. rape was actually committed and second. 9344. The RTC and the Court of Appeals relied largely on the testimony of AAA that she was raped. In 2006. The credibility of the testimonies of the prosecution witnesses. the judgment of conviction against Jerwin Quintal and Felipe Quintal was suspended and they were confined at the Home for Boys in Naga City for rehabilitation. who was not a minor at the time of the commission of the crime. In 2009. and the subsequent incidents relating to the case. ISSUE: Whether or not there is sufficient evidence for conviction. the RTC convicted all the accused of rape and sentenced them to suffer the penalty of reclusion the case against them had been dismissed before the RTC. the RTC ordered the dismissal of the cases against Jerwin and Felipe upon reconsideration upon the recommendation of the DSWD. the both of the accused invited her to go to a birthday party.

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