Lito, a minor, was bullied by Brutus, his classmate. Having had enough, Lito got the key to the safe where his father kept his licensed pistol and took the weapon. Knowing that Brutus usually hung out at a nearby abandoned building after class, Lito went ahead and hid while waiting for Brutus. When Lito was convinced that Brutus was alone, he shot Brutus, who died on the spot. Lito then hid the gun in one of the empty containers. At the time of the shooting, Lito was fifteen years and one month old. What is Lito’s criminal liability? Explain. (4%)
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Lito is criminally liable for Murder, but is entitled to the privileged mitigating circumstance of minority. Under Section 6 of RA 9344, as amended, a child above 15 but below 18 years of age is exempt from criminal liability
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Quick check
What is the threshold age range under RA 9344 where a child incurs criminal liability ONLY if proven to have acted with discernment?
Under RA 9344, a minor above 15 but below 18 years old incurs criminal liability only if acting with discernment.
What legal effect does minority have when a 15-year-old minor acts with discernment in committing murder?
Minority acts as a privileged mitigating circumstance lowering the prescribed penalty by one degree.
How is discernment defined under Philippine juvenile justice law jurisprudence?
Discernment is the mental capacity to understand the difference between right and wrong and appreciate consequences.
Which overt act of Lito demonstrates that he acted with discernment when shooting Brutus?
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What happens to a child in conflict with the law above 15 but below 18 who acts WITHOUT discernment?
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Learn more about these topics
1. Republic Act 9344
Under Section 6 of Republic Act No. 9344, otherwise known as the Juvenile Justice and Welfare Act of 2006, as amended by Republic Act No. 10630, a child in conflict with the law who is above fifteen years of age but below eighteen years of age at the time of the commission of the offense is exempt from criminal liability and shall be subjected to an intervention program, unless the minor acted with discernment. When a minor between fifteen and eighteen years old acts with discernment, criminal proceedings proceed, but the minor benefits from a privileged mitigating circumstance.
2. Determination of Discernment
Discernment under Philippine criminal law is the mental capacity of a minor child to understand the difference between right and wrong, as well as to fully appreciate the moral and legal consequences of their felonious acts. Discernment is not presumed and must be established by the prosecution through evidence of the child's overt acts, background, conduct before, during, and after the commission of the crime, and the manner of execution. Acts showing premeditation, stealth, acquiring weapons, laying in ambush, and concealing evidence demonstrate that the minor acted with full discernment.
3. Privileged Mitigating Minority
Under Article 68 of the Revised Penal Code and Section 6 of Republic Act No. 9344, when a child in conflict with the law between fifteen and eighteen years of age acts with discernment, minority functions as a privileged mitigating circumstance. The penalty imposed upon the minor shall automatically be lowered by one degree from that prescribed by law for the felony committed. Furthermore, instead of immediate execution of sentence, disposition measures and suspended sentence rules under child welfare laws apply to ensure rehabilitation of the minor offender.