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Adrian Ayalin

ABS-CBN News

<div><br/></div><h3>SC lays down guidelines on children in conflict with the law</h3><div><br/></div><p>MANILA — The Supreme Court en banc upheld the conviction of a minor who was found guilty of homicide by the La Trinidad Regional Trial Court Branch 9.</p><p>In a decision promulgated on March 14, 2023, the Supreme Court denied the appeal of the minor who was 17 years old at the time the crime was committed in 2003.</p><p>The victim testified that he was hit in the head by the accused with a blunt instrument which caused massive cerebral contusions and bleeding in his brain.</p><p>After being bedridden for five years, the victim died in 2008.</p><p>The accused was sentenced to suffer imprisonment of 6 months to 8 years and to pay the heirs of the victim P504,145 as actual damages and P50,000 as moral damages.</p><p>In his appeal before the Court of Appeals, the accused claimed that the parents of the victim failed to provide immediate medical attention.</p><p>The CA however ruled that the prosecution was able to show that the victim sustained heavy injuries resulting from the blows delivered by the accused.</p><p>“The intent to kill is evident from the nature and location of the injury, conduct of the accused, and the circumstance under which the crime was committed,” the Supreme Court said in the decision penned by Associate Justice Rodil Zalameda.</p><div><a href="https://news.abs-cbn.com/life/07/27/17/murder-o-homicide-mga-krimen-sa-pagpatay-ng-tao-may-pinagkaiba-ba">Murder o homicide: mga krimen sa pagpatay ng tao, may pinagkaiba ba?</a></div><p>The Supreme Court also discussed whether the accused acted with discernment, or the capacity of the minor to understand the difference between right and wrong and the consequences of the wrongful act.</p><p>The court also noted that the crime happened in 2003 and Republic Act No. 9344 or the Juvenile Justice and Welfare Act which provides for the determination of discernment was only enacted in 2006.</p><p>The court however noted that the prosecution’s failure to allege discernment in the information and the trial court’s failure to discuss the issue were not sufficient grounds to acquit the accused.</p><p>Chief Justice Alexander Gesmundo also observed that the accused acted with discernment when he mauled the victim with a blunt object which is hard enough to break a skull or shake the brain.</p><p>The decision of the Supreme Court also laid down the following guidelines on determining discernment:</p><p>1. Discernment is the capacity of the child to understand what is right and wrong the consequences of the act.</p><p>2. The task of ascertaining discernment is preliminarily done by a social worker but finally determined by the court.</p><p>3. There is no presumption that a minor acts with discernment as the prosecution must prove that the crime was committed with discernment.</p><p>4. Courts shall consider the totality of facts.</p><p>“These guidelines encapsulate the carefully crafted rules and principles in dealing with children in conflict with law, taking into account their rights and special circumstances” the court said.</p><p>In his dissenting opinion however, Associate Justice Alfredo Benjamin Caguioa said the prosecution had ample time to establish the accused acted with discernment.</p><p>“The point to emphasize is that the court is not in the position to make such a finding, as the prosecution and the RTC’s failures created a void in the evidence which this court cannot and must not fill,” Caguioa said.</p><div><a href="https://news.abs-cbn.com/news/01/05/24/sc-reminds-couples-seek-childrens-consent-for-adoption-petitions">Supreme Court reminds couples to seek children&#x27;s consent for adoption petitions</a></div><div> </div><div><br/></div>

<p>The Supreme Court en banc upheld the conviction of a minor who was found guilty of homicide. </p>

The Supreme Court en banc upheld the conviction of a minor who was found guilty of homicide.

Supreme Court upholds homicide conviction of minor

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Supreme Court upholds homicide conviction of minor

Adrian Ayalin,

ABS-CBN News

Published Feb 15, 2024 02:36 PM PHT

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crime

homicide

children

children in conflict with the law

children crime

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