SC modifies sentence of 2 minors convicted of murder

By Benjamin Pulta

December 20, 2021, 1:36 pm

<p>Supreme Court <em>(File photo)</em></p>

Supreme Court (File photo)

MANILA – The Supreme Court (SC) modified the sentence imposed on two men who were minors when they committed murder on Christmas Eve of 1999.

The SC Third Division said the Sta. Cruz, Laguna Regional Trial Court Branch 26 erred when it convicted the two to a suspended sentence of reclusion perpetua or up to 40 years in prison in 2015, the full service of which would have been conditioned upon a two-year rehabilitation program and after proving that they have reformed.

In a 16-page decision written by Associate Justice Rosmari Carandang and recently uploaded on the SC website, the high court sentenced the two to a penalty of 10 years but “on account of their minority when they came in conflict with the law, they may serve their sentences in an agricultural camp or training facility.”

The two were 15 and 17, respectively, at the time of the incident.

Their names were not revealed pursuant to court rules to protect the confidentiality of proceedings against minors and to conceal material information leading to their identity

“We agree with the CA (Court of Appeals) that the trial court erred when it ordered the automatic suspension of sentence of the accused because the said suspension of sentence lasts only until the child in conflict with the law reaches the maximum age of 21 years. In this case, the two were more than 21 years old when the RTC promulgated its decision in 2015,” the SC said.

The SC also ordered the two to pay PHP160,000 in damages to the family of the victim, Rolando Abetria, who was 19 years old when he was killed in a melee 22 years ago.

The minors and two others were intoxicated when they ran into the other group.

Witnesses testified seeing the two stab the victim before they were apprehended by village watchmen. (PNA)



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