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- category 15 and 1 day < 18

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DISCERNMENT
Discernment
the capacity of the child at the time of the commission of the
offense to understand
- the differences between right and wrong and
- the consequences of the wrongful act.
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DETERMINATION OF AGE
- Determination of Age [RA 9344 SEC. 7. ]
1. Original or certified true copy of the certificate of live
birth
2. Similar authentic documents such as baptismal
certificates and school records or any pertinent
document that shows the date of birth of the child
3. Testimony of the child, member of the family related to
the child by affinity or consanguinity who is qualified to
testify

PRESUMPTION
- Discernment may be shown by:
1) Manner of committing the crime
a. PEOPLE V MAGSINO: a minor committed the
crime during nighttime to avoid detection or • In case of doubt as to the age of the child, it shall be
avoid discovery shows discernment resolved in his/her favor. —
2) Conduct of offender after its commission RA 9344 SEC. 7. In case of doubt as to the age of the child, it
a. MADALI V. PEOPLE: Rodel, 16 years old, shall be resolved in his/her favor.
wanted to keep the act secret, thus a sign that
he is aware that it is condemnable.

- Allegation of “with intent to kill” in the information is sufficient BURDEN OF PROOF

allegation of discernment
- as such conveys the idea that he knew what would be = Person Alleging the age
the consequences of his unlawful act. • Any person alleging the age of the child in conflict with the
law has the burder of proving the age of such child —
INTENT DISCERNMENT

- In case age is contested:

refers to the desired act of relates to the moral
- WHAT: file a case for determination of age under
the person significance the person
summary proceeding
ascribes to the said act
- WHERE: may be filed before the Family Court
a person may not intend to - WHEN: will render its decision within 24 hours from
shoot another but may be receipt of the appropriate pleadings of the parties
aware of the consequences ---------------------------------------------------------
of his negligent act which
may cause an injury to the
same person.

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