G.R. No.

234651 June 06, 2018

People of the Philippines vs. Benito

FACTS:

On the 27th day of October 2007, accused appellants Benito, Wenefredo, Junior, and FFF conspiring with,
confederating and mutually helping one another, armed with an unlicensed homemade shotgun locally
known as "bardog" and with a long bolo, with deliberate intent to kill thru treachery, assaulted and shoot
AAA which had caused AAA’s death. They also did it to BBB however, the latter survived as he was able to
be given a timely medical attention. The court found all the accused guilty beyond reasonable doubt of
murder, some were sentenced to suffer from reclusion perpetua while some were sentenced of prison
mayor with an order to pay the private complainant of civil indemnity, moral damages, and temperate
damages. However, among all the accused, FFF was only 17 years old when he had committed the offense
together with the other appellants.

ISSUE:

Whether or not accused FFF is could be exempted from criminal liability of murder.

RULING:

No. FFF is not exempted from criminal liability, he is still subject to criminal liability and still civilly liable,
he is also required to pay the same amount of damages but shall undergo diversion program. It should be
noted that FFF, being a minor at the time of his commission of the offense, should be benefitted from a
suspended sentence pursuant to Section 38 of RA 9344, known as the Juvenile Justice and Welfare Act of
2006. Also, FFF may also be confined in an agricultural or any training facility pursuant with Section 51 of
the RA No. 9344, which provides that “a child in conflict with the law may, after conviction and upon order
of the court, be made to serve his or 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 BUCOR, in coordination with the DSWD." Thus, he shall be remanded to the court of
origin for appropriate disposition in accordance with Section 51 of RA No. 9344.