G.R. No. 182239,
March 16, 2011
PEOPLE OF THE
PHILIPPINES VS. HERMIE M. JACINTO,
Facts:
Appellant
Hermie Jacinto was found guilty beyond reasonable doubt for the rape of the
then 5-year-old victim. The crime was committed when appellant was only 17;
Judgment was rendered when appellant was already 25.
Issue:
Whether
or not, appellant may benefit from the provisions of RA9344 regarding criminal
liability of an accused who was a minor during the commission of the crime and the
suspension of sentence of one who is no longer a minor during the pronouncement
of verdict.
Held:
The
Court sustained the conviction of the appellant in view of the straightforward
testimony of the victim and the inconsistencies of the testimonies of the
defense witnesses.
The
Court did not exempt accused of his criminal liability although he was only 17
during the commission of the crime since, in view of the circumstances to which
accused committed the felony, it was proved that he acted with discernment.
(Sec 6, RA 9344). There was showing that the accused understood the
consequences of his action.
Applying,
the provision of RA 9346, the accused
was meted with reclusion perpetua instead of the death penalty.
As
to the civil liability of accused, his minority also had no bearing to the
decision of the Court, ordering accused to pay the victim for damages.
However,
the Court afforded the accused the benefit of the suspension of his sentence
provided in Section38 of RA 9344, which made no distinction to an accused found
guilty of a capital offense. The Court stated that what was important was the
intent of the Act to uphold the welfare of a child in conflict with the law.
What was to be considered was the fact that accused committed the crime at a
tender age.
The
Court held that accused may be confined in an agricultural camp or any training
facility in accordance with Sec 51 of RA 9344. The case was remanded to the
court of origin to take appropriate action in accordance to the said provision.
