Professional Documents
Culture Documents
Group 3
WOMEN AND CHILDREN
The Law
RA 9344 CICL
Its
This
lly
To
To
P.D.
Formal
Under
It
2.
4.
Jurisprudence
Dilangalen
and Mr. X
f
t
p
m
te
t
A
d
e
l
ai
Chan
kidnapped
Dilangalen
and Mr. X
Police
intercepted
The group of 7
kidnappers
were arrested
Arraignment:
Plea of guilty
Issue:
W/N the criminal liability of
Perpenian is proper pursuant to
RA 9344?
Disposition:
Pursuant
Is
Perepenian a principal or an
accomplice only?
Is
Perepenian a principal or an
accomplice only?
However,
Comment:
We agree with the SC decision on not
applying the CICL since by the time of
promulgation of judgment, Perpenian
was already beyond the 21-years old
limit of the law.
Police officers
made inventory.
Laboratory
examination =
positive of SHABU
Issue #1:
W/N Mantalaba is guilty?
Issue #2:
W/N Mantalaba can avail
automatic suspension of his
sentence following RA 9344?
Disposition:
The appellant shall be entitled to appropriate
disposition under Section 51 of RA No. 9344,
which provides for the confinement of
convicted children in Agricultural Camps and
other Training Facilities.
Comment:
People vs. CA
GR 1836552, February 25, 2015
People vs. CA
GR 1836552, February 25, 2015
People vs. CA
GR 1836552, February 25, 2015
People vs. CA
GR 1836552, February 25, 2015
People vs. CA
GR 1836552, February 25, 2015
People vs. CA
GR 1836552, February 25, 2015
The CA reversed the RTC decision
and based their reason entirely on
the defendants testimonies (that
AAA was promiscuous and
consented to the sexual acts by not
showing physical resistance,
discounting the fact that they got
her intoxicated deliberately).
CA also stressed that AAAs mothers unusual reaction of
hitting her was inconsistent with that of a parent who found
out her daughter was raped.
People vs. CA
GR 1836552, February 25, 2015
Issue:
W/N the CA acted in grave abuse
of its discretion?
People vs. CA
GR 1836552, February 25, 2015
CA
decision
PATENT
NULLITY
People vs. CA
GR 1836552, February 25, 2015
Due
Process
It appears that in
reaching its judgment,
the CA merely relied on
the evidence presented
by the defense and
utterly disregarded
that of the
prosecution.
People vs. CA
GR 1836552, February 25, 2015
SC:
CA:
AAA
was conscious
Never
showed any
physical resistance
Never
fought against
respondents
and
help
Never
Force
and intimidation
People vs. CA
GR 1836552, February 25, 2015
CA:
SC:
AAA
People vs. CA
GR 1836552, February 25, 2015
Disposition:
Since
Case
People vs. CA
GR 1836552, February 25, 2015
Sec. 51. Confinement of Convicted Children in
Agricultural Camps and Other Training Facilities.
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
People vs. CA
GR 1836552, February 25, 2015
Comment:
CICL are entitled to appropriate disposition under
Section 51, RA 9344, which extends even to one who
has exceeded the age limit of 21 years, so long as he
committed the crime when he was still a child. The case
took more than ten years to be resolved. This is an
unfortunate speed, and not uncommon in the country.
Curiously, the Court of Appeals was quick to reverse
the findings and decision of the RTC (even though
the investigation and facts laid out were strong and
clear.)
ISSUE:
W/N the
imposing
perpetua
minority
offense.
Under Article 248 of the RPC, the penalty for murder isreclusion
perpetua to death.
RTC and the CA did not appreciate Monreals minority at the time of
the commission of the murder probably because his birth certificate
was not presented at the trial.
Monreal was a minor below 18 years of age when the crime was
committed on April 18, 1994 as attested to by the numerous evidences.
child in
older.
Monreal has been detained for over 16 years, that is, from
the time of his arrest on May 18, 1994 until the present.
This
case
illustrates
the
application
of
retroactivity of the law insofar as it benefits the
minor even though he is already serving his
sentence. This is but proper given the
benevolent purpose of the law, which is to
express the application of restorative justice to
children in conflict with the law. Restorative
justice is a system focusing on the rehabilitation
of the offender and their reintegration into
society.
The victim was later brought to a Hospital where he stayed for more than a
month. however, when the victim went back to the hospital for a check-up,
it was discovered that his stab wound had a complication. The victim was
subjected to another operation, but died the day after, due to organ failure
overwhelming infection, and that the underlined cause of death was a stab
wound.
II.
of
RA
9344
because
the
penalty
was
petitioner,
although
he
has
to
serve
his
training
maintained,
facilities
supervised
to
and
be
established,
controlled
by
the