ROSAL HUBILLA Y CARILLO v. PEOPLE, GR No.

176102, 2014-11-26

Facts:

petitioner with homicide under

Alejandro Dequito testified that... he, together with his compadre... was at the gate of

Elementary School watching the graduation ceremony of the high school students. While
watching, his cousin

Jason Espinola, herein victim, arrived. Later, however, appellant approached the victim and
stabbed the latter.

with the appellant's left arm around the neck of the... victim, appellant stabbed the victim using a
bladed weapon.

the mother of the deceased... stated that her son stayed for more than a month in the hospital.
Thereafter, her son was discharged. Later,... however, when her son went back to the hospital
for a check-up, it was discovered that her son's stab wound had a complication. Her son was
subjected to another operation, but died the day after.

the medico legal expert, testified that the cause of death of the victim,... was organ failure
overwhelming infection.

the underlined cause of death was a stab wound.

The appellant,... narrates his statement of facts in this manner:

He testified that... he was at the Dalupaon High School campus watching the high school
graduation rites. At half past seven, while walking towards the gate of Dalupaon High School on
his way home, he was ganged up by a group of... four (4) men.

The men attacked and started to box him. After the attack he felt dizzy and fell to the ground. He
was not able to see or even recognize who attacked him

Shortly after leaving the campus, however, he met somebody whom he thought was one of the
four men who... ganged up on him. He stabbed the person with the knife he was, then, carrying.
When asked why he was in possession of a knife, he stated that he used it in preparing food for
his friend,... who was graduating that day.
RTC rendered its judgment finding the petitioner guilty of homicide as charged... sentenced him
to suffer the indeterminate penalty of imprisonment for four years and one day of prision
correccional, as minimum, to eight years and one day of prision... mayor, as maximum;

CA... affirmed the petitioner's conviction... but modified the penalty

Appellants (sic) sentence is reduced to six months and one day to six years of prision
correccional as minimum, to six years and one day to twelve years of prision mayor as
maximum.

The petitioner insists, however, that the maximum of his indeterminate sentence of eight years
and one day of prison mayor should be reduced to only six years of prision correccional to
enable him to apply for probation under Presidential Decree No. 968.

Issues:

whether or not he was entitled to the benefits of probation and suspension of sentence under
Republic Act No. 9344

Ruling:

Under the Indeterminate Sentence Law, the minimum of the indeterminate sentence should be
within the penalty next lower than the imposable penalty,... Accordingly, the CA imposed the
indeterminate penalty of imprisonment of six months and one... day of prision correccional, as
minimum, to eight years and one day of prision mayor, as maximum.

The petitioner's insistence is bereft of legal basis. Neither the Revised Penal Code, nor Republic
Act No. 9344, nor any other relevant law or rules support or justify the further reduction of the
maximum of the indeterminate sentence. To yield to his insistence would be... to impose an
illegal penalty, and would cause the Court to deliberately violate the law.

the amended decision of the CA imposed the ultimate minimums of the indeterminate penalty
for homicide under... the Indeterminate Sentence Law.

Republic Act No. 9344 nowhere allows the trial and appellate courts the discretion to reduce or
lower the penalty further, even for the sake of enabling the child in conflict with the law to qualify
for probation.

Conformably with Section 9(a) of Presidential Decree 968,... hich disqualifies from probation an
offender sentenced to serve a maximum term of imprisonment of more than six years, the
petitioner could not qualify for... probation. For this reason, we annul the directive of the CA to
remand the case to the trial court to determine if he was qualified for probation.
Although Section 38 of Republic Act No. 9344 allows the suspension of the sentence of a child
in conflict with the law adjudged as guilty of a crime, the suspension is available only until the
child offender turns 21 years of age

We note that the petitioner was well over 23 years of age at the time of his conviction for
homicide by the RTC on July 19, 2006. Hence, the suspension of his sentence was no longer
legally feasible or permissible.

Lastly, the petitioner posits that condemning him to prison would be in violation of his rights as a
child in conflict with the law as bestowed by Republic Act No. 9344 and international
agreements.

hereby, the trial and appellate courts did not violate the letter and spirit of Republic Act No. 9344
by imposing the penalty of imprisonment on the petitioner simply because the penalty was
imposed as a last... recourse after holding him to be disqualified from probation and from the
suspension of his sentence, and the term of his imprisonment was for the shortest duration
permitted by the law.

the petitioner, although he has to serve his sentence, may serve it in an agricultural camp or
other training facilities... to be established, maintained, supervised and controlled by the Bureau
of Corrections, in coordination... with the Department of Social Welfare and Development, in a
manner consistent with the offender child's best interest. Such service of sentence will be in lieu
of service in the regular penal institution.