YEARS OF AGE OR OVER AT THE TIME OF HIS CONVICTION?
Yes. In PEOPLE vs. URBAN SALCEDO ABDURAHMAN ISMAEL DIOLAGRA, G.R. No. 186523, June 22, 2011,the Supreme Court reiterated , just for the guidance of the bench and bar, that if indeed, an accused was under eighteen (18) years of age at the time of the
106 commission of the crime, then as held in
People v. Sarcial, such offenders, even if already over twenty-one (21) years old at the time of conviction, may still avail of the benefits accorded by Section 51 of R.A. No. 9344.
5.02 WHAT IS THE CONCEPT OF STATUS OFFENSES? (Sec. 57)
Any conduct not considered an offense or not penalized if committed by an adult shall not be considered an offense and shall not be punished if committed by a child. 5.03 WHAT CRIMINAL OFFENSES ARE NOT APPLICABLE TO MINORS? (Sec. 58)
Persons below eighteen (18) years of age shall be exempt from prosecution for the following crimes:
a) vagrancy and prostitution under Section 202 of the Revised Penal Code;
b) mendicancy under Presidential Decree No. 1563; and
c) sniffing of rugby under Presidential Decree No. 1619, such prosecution being inconsistent with the United Nations Convention on the Rights of the Child:
Provided, that said persons shall undergo appropriate counseling and treatment program.
6.00 SUMMARY OF SALIENT FEATURES: a. A child fifteen (15) years of age or
under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of the Act.
b. A child above fifteen (15) years but below eighteen (18) years of age
shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act.
c. The age of a child may be determined from the child’s birth certificate, baptismal certificate or any other pertinent documents. In the absence of these documents, age may be based on information from the child himself/herself, testimonies of other persons, the physical appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her favor
d. Reduction of the criminal liability by virtue of RA 9344 does not extend to the civil liability. The civil liability is not affected by the same.
e. Art. 22. Retroactive effect of penal laws. — Penal laws shall have a retroactive effect insofar as they favor the persons guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at the time of the publication of such laws, a final sentence has been pronounced and the convict is serving the same.
f. If the court finds that the objective of the disposition measures imposed
107 upon the child in conflict with the law
have not been fulfilled, or if the child in conflict with the law has willfully failed to comply with the conditions of his/her disposition or rehabilitation program, the child in conflict with the law shall be brought before the court for execution of judgment.
g. Once the child who is under eighteen (18) years of age at the time of the commission of the offense is found guilty of the offense charged, the court shall determine and ascertain any civil liability which may have resulted from the offense committed. However, instead of pronouncing the judgment of conviction, the court shall place the child in conflict with the law under suspended sentence, without need of application. Provided, however, That suspension of sentence shall still be applied even if the juvenile is already eighteen (18) years of age or more at the time of the pronouncement of his/her guilt.
h. Republic Act No. 9344 allows the retroactive application of the law to those who have been convicted and are serving sentence at the time of the effectivity of said law, and who were below the age of 18 years at the time of the commission of the offense.
i. A child in conflict with the law may, after conviction and upon order of the court, be made to serve his/her
sentence, in lieu of confinement in a regular penal institution, in an agricultural camp and other training facilities that may be established, maintained, supervised and controlled by the Bureau of Corrections (BUCOR), in coordination with the Department of Social Welfare and Development (DSWD).
j. If said child in conflict with the law has reached eighteen (18) years of age while under suspended sentence, the court shall determine whether to discharge the child in accordance with this Act, to order, execution of sentence, or to extend the suspended sentence for a certain specified period or until the child reaches the maximum age of twenty-one (21) years.
7.00 PRINCIPLES AND DOCTRINES. 1. DOCTRINE.
People vs. Salvador Atizado and Salvador Monreal
G.R. No. 173822, October 13, 2010
The child in conflict with the law shall enjoy the presumption of minority. 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. The age of a child may be determined from the child’s birth certificate, baptismal certificate or any other pertinent documents.
108 Valcesar Estioca vs. People
G.R. 173876, 27 June 2008
The reckoning point in considering minority is the time of the commission of the crime. In this case Boniao is 14 years old hence exempted from criminal liability without prejudice to his civil liability. Art 22 of the Revised Penal Code provides that penal laws may be given retroactive effect if they are in favour of the acused.
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CHAPTER XII. THE ANTI-PIRACY AND