11 US vs Maralit (January 25 1971)

G.R. No. L-11979 L-11979

January 25, 1917

THE UNITED STATES, plaintiff-appellee, vs. MAXIMO MARALIT, defendant-appellant.

Claro M. Recto for appellant.  Attorney-General Avanceña Avanceña for appellee. appellee. FACT

While walking along in a road with a bundle of zacate, Maximo Maralit, less than 15 years of age, passed along Florentino Luistro, Luistro, 15 years old, and ended with a st ght! "hey soon separated but Maralit ran to Florentino #uickly #uickly and stabbed him in the left side with a knife! Maralit and his companion then ran away! "he witnesses and Florentino went home! Florentino died a few days later as a result of the wound thus recei$ed! ISSUE

Whether or not Maximo acted with discernment when he committed the crime! RULING

 %es,  %es, Maximo is is criminally liable liable for the committed act despite his age! &rticle ' of the (enal )ode referred to pro$ides that a person o$er * years of age and under 15 is exempt from criminal liability +unless he has acted with discernment!+ t also pro$ides that +in order to impose a penalty upon such a person, ! ! ! the court shall make an express nding upon this fact,+ that is, the fact that he acted with discernment! n the case at bar, while the e$idence, through the witnesses, showed that he is guilty guilty and acted acted with such knowledge knowledge,, all of the facts facts and circumstance circumstance presented by the record record drew the conclusion that he was of su-cient intelligence and was su-ciently endowed with .udgment to know that the act which he committed was wrong and that it was likely likely to produce death!