You are on page 1of 2

Declarador v.

Judge Gubaton o Parents and teacher-in-charge are jointly subsidiarily liable in case of
August 18, 2006 | Callejo Sr., J. | Principle of Judicial Hierarchy insolvency
Digester: Endaya, Ana Kristina R.  On June 2, 2003, the RTC set a preliminary conference since the accused would
turn 18 on June 3, 2003.
SUMMARY: Frank killed his teacher when he was 17 years old. In his sentence, the RULING: Order of Judge Gubaton suspending the sentence is NULLIFIED.
special mitigating circusmtance of minority was considerd and he was sentenced to
reclusion temporal. Judge Gubaton, pursuant to PD 603, suspended his sentence and WoN Rennie has standing to file the petition – YES, he has standing
committed him to a rehabilitation center. The victim’s husband assails this decision by
RTC and files a petition before the Supreme Court. The SC takes cognizance of the case Bansales’ Argument: He has no standing
considering the importance of the issue.  Rennie has no standing to file the petition. The offense is a public crime
DOCTRINE: : One can proceed directly to SC only when there are special and brought in the name of the People of the Philippines; only OSG is authorized
important reasons therefor clearly and specifically set out in the petition. Hence, SC to file a petition in court assailing the order of the RTC which suspended the
takes cognizance of this case considering the involvement of a juvenile and the service of his sentence.
application of the rules on juveniles in conflict with the law.
Court: He has standing
FACTS:  Being the surviving spouse of the deceased, he has sufficient personality to file
 Frank Bansales was born on June 3, 1985 and a student at Cabug-Cabug National the instant special civil action for certiorari.
High school o This is in line with the underlying spirit of the liberal construction of
 On July 25, 2002 (17 yo by then), 9:45 am, Yvonne Declarador (his teacher) was the ROC in order to promote their object.
stabbed to death where she sustained 15 stab wounds all over her body.  Also, the OSG has filed its comment and joined the petitioner in his plea for
 On October 10, 2002, Frank Bansales was charged with murder by the Assistant the nullification of the assailed portion of the RTC decision.
Provincial Prosecutor with the Family Court.
o Inside a classroom... within the jurisdiction of this Honorable Court, the WoN Rennie violated the doctrine of hierarchy of courts in filing his petition
accused armed with a knife and with intent to kill attacked with said knife his with this Court (SC) – Court takes cognizance considering the importance of the
teacher, one YVONNE DECLARADOR, thereby inflicting multiple fatal stab issue (an exception)
wounds in the different parts of the body which caused her death.  General Rule: A petition for review on certiorari which seeks to nullify an
o Qualifying aggravating circumstance... since he used a long knife which he order of the RTC should be filed in the Court of Appeals in aid of its appellate
carried with him from his house to school against his lady teacher who was jurisdiction.
unarmed.  Exception: One can proceed directly to SC only when there are special and
 Evident Premeditation important reasons therefor clearly and specifically set out in the petition.
 Abuse of superior strength  Rationale: This is an established policy necessary to prevent inordinate
 RTC Judgment (May 20, 2003): Bansales guilty of murder demands upon this Court’s time and attention which are better devoted to
o Pursuant to PD 603, suspended the sentence and ordered his those matters within its exclusive jurisdiction, and to prevent further
commitment to the Regional Rehabiliation for Youth at Concordia, overcrowding of the Court’s docket.
Nueva Valencia, Guimaras.  As in the case of Fortich vs. Corona, the SC considered the nature and
o Being 17 yo at the time of the commission of the offense charged, he is importance of the issues and in the interest of speedy justice and to avoid
entitled to a special mitigating circumstance of minority future litigations, SC may take cognizance of it. INTERESTS OF JUSTICE.
o Indeterminate imprisonment of 12Y and 1D to 17Y and 4M of reclusion  IN THIS CASE, we take cognizance considering the involvement of a
temporal juvenile and the application of the rules on juveniles in conflict with the
o Pay the heirs of Yvonne law.
 Civil indemnity – P75,000
 Moral damages – P50,000 WoN RTC committed grave abuse of discretion... in ordering the suspension of
 Funeral Expenses – P43,000 sentence and committing him to the Regional Rehabilitation Center for Youth
 Attorney’s fee – P100,000.00
 Unearned income – P1,370,000.70
Rennie’s Argument: Assailed the suspension of sentence and commiting the accused to  A.M. No. 02-1-18-SC: Rule on Juveniles in Conflict with the Law
a rehabilitation center
 Argument: Under Article 192 of P.D. 603 and A.M. No. 02-1-18-SC the
benefit of a suspended sentence does not apply to a juvenile who is convicted
of an offense punishable by death, reclusion perpetua or life imprisonment.
 Conclusion: Since Balanes was charged with murder punishable by reclusion
perpetua to death, he is disqualified from availing the benefits of a suspended
sentence.
Bansales’ Argument
 Section 32 of A.M. No. 02-1-18-SC entitles the accused to an automatic
suspension of sentence and allows the court to commit the juvenile to the
youth center; hence, the court did not abuse its discretion in suspending the
sentence of the accused.
OSG’s Comment:
 Bansales’ sentence cannot be suspended since he was charged with a capital
offense punishable by reclusion perpetua to death.
 Entitlement of a juvenile to a suspended sentence does not depend upon the
sentence actually imposed by the trial court but upon the imposable penalty
for the crime charged as provided for by law.

Court: He committed grave abuse. The possible penalty, not the actual sentence is what
must be considered.
 “Punishable”
o Defined as deserving of, or capable, or liable to punishment; liable to
be punished; may be punished; liable to punishment."
o Does not mean "must be punished," but "liable to be punished" as
specified.
o deserving of, or liable for, punishment." (U.S. v. Villalon )Thus, the
term refers to the possible, not to the actual sentence. It is
concerned with the penalty which may be, and not which is imposed.
 A person who is convicted of an offense punishable by death, life
imprisonment, or reclusion perpetua is disqualified from availing the benefits of a
suspended sentence.

NOTES:
Rennie declarador – surviving spouse of yvonne
 WHOLE accusatory portion:
o Inside a classroom in Cabug-Cabug National High School in President Roxas,
Capiz, Philippines, and within the jurisdiction of this Honorable Court, the
accused armed with a knife and with intent to kill, did then and there, willfully,
unlawfully and feloniously attack, assault and stab with the said knife his
teacher, one YVONNE DECLARADOR, thereby hitting and inflicting upon
the latter multiple fatal stab wounds in the different parts of the body which
caused the immediate death of the said Yvonne Declarador.
 PD 603: Child and Youth Welfare Code