AUG 27, 2009

Criminal Law- Guevarra vs. Almodovar

THIS CASE IS WITH REGARD TO ARTICLE 12 (3) OF THE R.P.C.
"Intent distinguished from discernment"

Case of People of the Guevarra vs. Almodovar

G.R.No. 75256 26January1989

FACTS OF THE CASE:

The Petitioner John Philip Guevarra, petitioned the court for a special civil action for certiorari against
the Hon. Judge Ignacio Almodovar of the city court of Legaspi. The petitioner, then 11 years old was
target shooting with his best friend Teodoro Amine, Jr. and three other children in the backyard in the
morning of 29October1984. Unfortunately, Teodoro was hit by a pellet on the left collar bone, w/c
then caused his death.

ISSUE OF THE CASE:

Can an 11- year old boy be charged w/ the crime of homicide thru reckless imprudence?

- Intent and discernment are two different concepts. Intent means: a determination to do certain
things; an aim; the purpose of the mind, including such knowledge as is essential to such intent.
Discernment means: the mental capacity to understand the difference between right and wrong
- While they (intent and discernment) are products of mental processes w/in a person; intent refers to
the desired of one’s act (active) while discernment refers to the moral significance that a person
ascribes to an act (passive)
- Minors 9yrs to 15yrs are presumed to be without criminal capacity; but this presumption may be
rebutted if it could be proven that they were capable of appreciating the nature and criminality of the
act, that is, that (they) acted w/ discernment
- Discernment is embraced w/in the concept of intelligence w/c is one of the elements of a culpable
felony, thus it is important that a minor 9yrs to below 15 yrs of age to have acted w/ discernment to
show that he acted w/ intelligence thus being liable for the offense under Art 365 of the R.PC

HELD:
PETITION DISMISSED FOR LACK OF MERIT AND THE TRO EFFECTIVE 17SEPTEMBER1986 IS LIFTED. LET IT
BE REMANDED TO THE LOWER COURT FOR TRIAL ON THE MERITS. NO COSTS.