ROSAL HUBILLA Y CARILLO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT. | G.R. No. 176102 | 2014-11-26 RESOLUTIO N BERSAMIN, J.: The Court recognizes the mandate of Reu!"ic #ct No. $%44 &'u(eni"e 'ustice and )e"fare #ct of 2006* to rotect the !est interest of the chi"d in con+ict ,ith the "a, through measur measures es that that ,i"" ,i"" ensure ensure the o!ser( o!ser(anc ance e of intern internati ationa ona"" standa standards rds of chi"d chi"d rotection1 and to a" the rinci"es of restorati(e restorati(e /ustice in a"" "a,s o"icies and 2 rograms a"ica!"e to chi"dren in con+ict ,ith the "a,. The mandate not,ithstanding the Court ,i"" not hesitate or ha"t to imose the ena"t ena"t of imrisonment imrisonment ,hene(er ,hene(er ,arranted on a chi"d in con+ict ,ith the "a,.
The ae""ant in his testimon narrates his statement statement of facts in this manner :e testi;ed that around se(en in the e(ening or so of 8arch %0 2000 he ,as at the 9a"uaon :igh 3choo" camus ,atching the high schoo" graduation rites. #t ha"f ast se(en ,hi"e ,a"ing to,ards the gate of 9a"uaon :igh 3choo" on his ,a home he ,as ganged u ! a grou of four &4* men. The men attaced and started to !o@ him. #fter the attac he fe"t dizz a nd fe"" to the ground. :e ,as not a!"e to see or e(en recognize ,ho attaced him so he roceeded home. 3hort" 3hort" after after "ea(ing "ea(ing the camus camus ho,e(er he met some!od ,hom he thought thought ,as one of the four men ,ho ganged u on him. :e sta!!ed the erson ,ith the nife he ,as then carring. )hen ased ,h he ,as in ossession of a nife he stated that he used it in rearing food for his friend Richard Cande"aria ,ho ,as graduating that da. :e ,ent home after the incident.
Antecedents The ce of the ro(incia" rosecutor of Camarines 3ur charged the etitioner ,ith homicide under the fo""o,ing information doceted as Crimina" Case No. 2000-0275 of the Regiona" Tria" Tria" Court &RTC* ranch 20 in Naga Cit to ,it
)hi"e inside his house !aranga ocia"s arri(ed arri(ed too him and !rought him to the !aranga ha"" and "ater to the asacao N. n his ,a to the to,n roer he came to no, that the erson he sta!!ed ,as 'ason =sino"a. :e fe"t sad after hearing it. 4 Jd!"ent #$ t%e t%e RTC
That on or a!out the %0th da of 8arch 2000 at a!out 7%0 .8. in aranga 9a"uaon asacao Camarines 3ur hi"iines and ,ithin the /urisdiction of this :onora!"e Court the said accused ,ith intent to i"" and ,ithout an /usti;a!"e cause did then and there ,i""fu"" ,i""fu"" un"a,fu"" un"a,fu"" and fe"onious" assau"t attac and sta! one '#<3N '#<3N =3>N?# < #NT# #NT# ,ith a nife in+icting uon the "atter morta" morta" ,ounds in his !od thus direct" causing his death er 9eath Certi;cation hereto attached as anne@ A#A and made an integra" art hereof to the damage and re/udice of the deceasedBs heirs in such amount as ma !e ro(en in court. #cts Contrar to ?a,.% The C# summarized the facts esta!"ished ! the rosecution rosecution and the 9efense as fo""o,s #"e/andro 9euito testi;ed that around se(en in the e(ening or so of 8arch %0 2000 he together together ,ith his comadre comadre Nicasio Nicasio ,as at the gate of 9a"uaon 9a"uaon ="ementar ="ementar 3choo" ,atching the graduation ceremon of the high schoo" students. )hi"e ,atching his cousin 'ason =sino"a herein (ictim arri(ed. ?ater ho,e(er ae""ant aroached the (ictim and sta!!ed the "atter. )hen ased to demonstrate in oen court ho, the ae""ant sta!!ed the (ictim this ,itness demonstrated that ,ith the ae""antBs "eft arm around the nec of the (ictim ae""ant sta!!ed the (ictim using a !"aded ,eaon. :e aided the (ictim as the "atter ,as a"read strugg"ing to his feet and "ater !rought him to the hosita". Nicasio ?igadia ,itness 9euitoBs comanion a t the time of the incident corro!orated the testimon of 9euito on a"" materia" oints. 8ar"n =sinosa the mother of the deceased testi;ed that her son ,as sta!!ed in front of the De"ementarE schoo" and "ater !rought to the ico" 8edica" Center. 3he stated that her son staed for more than a month in the hosita". Thereafter her son ,as discharged. ?ater ho,e(er ,hen her son ,ent !ac to the hosita" for a chec-u it ,as disco(ered that that her sonBs sta! sta! ,ound ,ound had a com"i com"icat cation ion.. :er son ,as su!/ected su!/ected to anothe anotherr oeration !ut died the da after. 3he further stated that the sta!!ing incident ,as reorted to the o"ice authorities. 3he "ie,ise stated the amounts she incurred for the ,ae and !uria" of her son. Ro!ert Casin the medico "ega" e@ert testi;ed that the cause of death of the (ictim as stated ! 9r. 9r. ichara ichara his co-admitting co-admitting hsician hsician ,as organ fai"ure fai"ure o(er,he"ming o(er,he"ming infection. :e further stated that the under"ined cause of death ,as a sta! ,ound.
#fter #fter tria" the RTC rendered rendered its /udgment /udgment ;nding the etitioner gui"t of homicide homicide as charged and sentenced him to suFer the indeterminate ena"t of imrisonment for four ears and one da of rision correcciona" as minimum to eight ears and one da of rision rision maor as ma@imum ma@imum and to a to the heirs of the (ictim (ictim H1H$0.04 as actua" damages for medica" and funera" e@enses and 50000.00 as mora" damages.5 Dec&s&#n #$ t%e CA n aea" the Court of #ea"s &C#* armed the etitionerBs con(iction !ut modi;ed the ena ena"t "t and and the the ci(i ci(i"" "ia! "ia!i" i"it it thro throug ugh h the the deci decisi sion on rom romu" u"ga gate ted d on 'u" 'u" 1$ 1$ 20066 disosing thus ):=R=IR= remises considered the decision of the Regiona" Tria" Court of Naga Cit ranch 20 in Crimina" Case Num!er 2000-0275 ;nding ae""ant Rosa" :u!i""a Cari""o gui" gui"t t !eo !eond nd reaso easona na!" !"e e dou! dou!tt of :omi :omici cide de is is here here! ! AFFIRM AFFIRMED ED '&t% '&t% MODIFICATIONS . #e""ants &sic* sentence is reduced to si@ months and one da to si@ ears of rision correcciona" as minimum to si@ ears and one da to t,e"(e ears of rision maor as ma@imum. The ci(i" asect of the case is 89>I>=9 to read The a,ard of actua" damages in the amount amount of h H1H$0.04 H1H$0.04 reresenting reresenting e@enses for medica" and funera" funera" ser(ices ser(ices is reduced to h 16%00.00. # ci(i" indemnit in the amount of h 50000.00 is a,arded to the "ega" heirs of the (ictim 'ason =sino"a. )e arm in a"" other resects. 3 R9=R=9. n motion for reconsideration ! the etitioner the C# romu"gated its amended decision on 9ecem!er 7 2006 decreeing as fo""o,s7 ):=R=IR= ):=R=IR= the instant instant 8otion 8otion for Reconsider Reconsideration ation is PARTIALL PARTIALLY Y (RANTED. ur decision romu"gated on 'u" 16 2006 ,hich is the su!/ect of the instant motion is here! AMENDED such AMENDED such that the /udgment sha"" no, read as fo""o,s )HEREFORE )HEREFORE remises considered the decision of the Regiona" Tria" Court of Naga Cit ranch 20 in Crimina" Case Num!er 2000-0275 ;nding ae""ant Rosa" :u!i""a Cari""o gui" gui"t t !eo !eond nd reaso easona na!" !"e e dou! dou!tt of :omi :omici cide de is is here here! ! AFFIRM AFFIRMED ED '&t% '&t% MODIFICA MODIFICATIONS TIONS.. A**e++nt A**e++nt &s sentenced sentenced t# n &ndete-"&n &ndete-"&nte te *en+t *en+t #$ s&/ "#nt%s nd #ne d #$ *-&s#n c#--ect&#n+, s "&n&"", t# e&!%t 012 e-s nd #ne 032 d #$ *-&s&#n "#-.
The ci(i" asect of the case is MODIFIED to read The a,ard of actua" damages in the amount of h H1H$0.04 reresenting e@enses for medica" and funera" ser(ices is reduced to h 16%00.00. # ci(i" indemnit in the amount of h 50000.00 is a,arded to the "ega" heirs of the (ictim 'ason =sino"a. )e arm in a"" other resects. T%e cse &s, %e-e4, -e"nded t# t%e Re!&#n+ T-&+ C#-t #$ N!, B-nc% 56, $#- **-#*-&te ct&#n #n t%e **+&ct&#n $#- *-#4t&#n #$, %e-e&n, **e++nt. SO ORDERED. Isses The etitioner has come to the Court imuting gra(e error to the C# for not correct" imosing the ena"t and for not susending his sentence as a /u(eni"e in con+ict ,ith the "a, ursuant to the mandate of Reu!"ic #ct No. $%44. >n ;ne he no "onger assai"s the ;ndings of fact ! the "o,er courts as ,e"" as his con(iction and "imits his aea" to the fo""o,ing issues name" &1* ,hether or not the C# imosed the correct ena"t imosa!"e on him taing into consideration the ertinent ro(isions of Reu!"ic #ct No. $%44 the Re(ised ena" Code and #ct No. 410% &>ndeterminate 3entence ?a,* &2* ,hether or not he ,as entit"ed to the !ene;ts of ro!ation and susension of sentence under Reu!"ic #ct No. $%44 and &%* ,hether or not imosing the ena"t of imrisonment contra(ened the ro(isions of Reu!"ic #ct No. $%44 and other internationa" agreements.
Conforma!" ,ith 3ection $&a* of residentia" 9ecree $6H12 ,hich disua"i;es from ro!ation an oFender sentenced to ser(e a ma@imum term of imrisonment of more than si@ ears the etitioner cou"d not ua"if for ro!ation. Ior this reason ,e annu" the directi(e of the C# to remand the case to the tria" court to determine if he ,as ua"i;ed for ro!ation. #"though 3ection %H of Reu!"ic #ct No. $%44 a""o,s the susension of the sentence of a chi"d in con+ict ,ith the "a, ad/udged as gui"t of a crime the susension is a(ai"a!"e on" unti" the chi"d oFender turns 21 ears of age ursuant to 3ection 40 of Reu!"ic #ct No. $%44 to ,it 3ection 40. Return of the Chi"d in Con+ict ,ith the ?a, to Court. ->f the court ;nds that the o!/ecti(e of the disosition measures imosed uon the chi"d in con+ict ,ith the "a, ha(e not !een fu";""ed or if the chi"d in con+ict ,ith the "a, has ,i""fu"" fai"ed to com" ,ith the conditions of hisKher disos ition or reha!i"itation rogram the chi"d in con+ict ,ith the "a, sha"" !e !rought !efore the court for e@ecution of /udgment. >f said chi"d in con+ict ,ith the "a, has reached eighteen &1H* ears of age ,hi"e under susended sentence the court sha"" determine ,hether to discharge the chi"d in accordance ,ith this #ct to order e@ecution of sentence or to e@tend the susended sentence for a certain seci;ed eriod or unti" the chi"d reaches the ma@imum age of t,ent-one &21* ears.
R+&n! #$ t%e C#-t
)e note that the etitioner ,as ,e"" o(er 2% ears of age at the time of his con(iction for homicide ! the RTC on 'u" 1$ 2006. :ence the susension of his sentence ,as no "onger "ega"" feasi!"e or ermissi!"e.
#rtic"e 24$ of the Re(ised ena" Code rescri!es the ena"t of rec"usion temora" for homicide. Considering that the etitioner ,as then a minor at the time of the commission of the crime !eing 17 ears four months and 2H das o"d ,hen he committed the homicide on 8arch %0 2000 H such minorit ,as a ri(i"eged mitigating circumstance that "o,ered the ena"t to rision maor.$
?ast" the etitioner osits that condemning him to rison ,ou"d !e in (io"ation of his rights as a chi"d in con+ict ,ith the "a, as !esto,ed ! Reu!"ic #ct No. $%44 and internationa" agreements.
Jnder the >ndeterminate 3entence ?a, the minimum of the indeterminate sentence shou"d !e ,ithin the ena"t ne@t "o,er than the imosa!"e ena"t ,hich herein ,as rision correcciona" &i.e. si@ months and one da to si@ ears*. Ior the ma@imum of the indeterminate sentence rision maor in its medium eriod - eight ears and one da to 10 ears -,as roer !ecause there ,ere no mitigating or aggra(ating circumstances resent. #ccording" the C# imosed the indeterminate ena"t of imrisonment of si@ months and one da of rision correcciona" as minimum to eight ears and one da of rision maor as ma@imum. The etitioner insists ho,e(er that the ma@imum of his indeterminate sentence of eight ears and one da of rison maor shou"d !e reduced to on" si@ ears of rision correcciona" to ena!"e him to a" for ro!ation under residentia" 9ecree No. $6H. The etitionerBs insistence is !ereft of "ega" !asis. Neither the Re(ised ena" Code nor Reu!"ic #ct No. $%44 nor an other re"e(ant "a, or ru"es suort or /ustif the further reduction of the ma@imum of the indeterminate sentence. To ie"d to his insistence ,ou"d !e to imose an i""ega" ena"t and ,ou"d cause the Court to de"i!erate" (io"ate the "a,. #.8. No. 02-1-1H-3C10 &Ru"e on 'u(eni"es in Con+ict ,ith the ?a,* ro(ides certain guiding rinci"es in the tria" and /udging in cases in(o"(ing a chi"d in con+ict ,ith the "a,. ne of them is that found in 3ection 46 &2* in con/unction ,ith 3ection 5 &* ,here! the restrictions on the ersona" "i!ert of the chi"d sha"" !e "imited to the minimum.11 Consistent ,ith this rinci"e the amended decision of the C# imosed the u"timate minimums of the indeterminate ena"t for homicide under the >ndeterminate 3entence ?a,. n its art Reu!"ic #ct No. $%44 no,here a""o,s the tria" and ae""ate courts the discretion to reduce or "o,er the ena"t further e(en for the sae of ena!"ing the chi"d in con+ict ,ith the "a, to ua"if for ro!ation.
# re(ie, of the ro(isions of Reu!"ic #ct No. $%44 re(ea"s ho,e(er that imrisonment of chi"dren in con+ict ,ith the "a, is ! no means rohi!ited. )hi"e 3ection 5 &c* of Reu!"ic #ct No. $%44 !esto,s on chi"dren in con+ict ,ith the "a, the right not to !e un"a,fu"" or ar!itrari" deri(ed of their "i!ert imrisonment as a roer disosition of a case is du" recognized su!/ect to certain restrictions on the imosition of imrisonment name" &a* the detention or imrisonment is a disosition of "ast resort and &!* the detention or imrisonment sha"" !e for the shortest aroriate eriod of time. There! the tria" and ae""ate courts did not (io"ate the "etter and sirit of Reu!"ic #ct No. $%44 ! imosing the ena"t of imrisonment on the etitioner sim" !ecause the ena"t ,as imosed as a "ast recourse after ho"ding him to !e disua"i;ed from ro!ation and from the susension of his sentence and the term of his imrisonment ,as for the shortest duration ermitted ! the "a,. # sur(e of re"e(ant internationa" agreements1% suorts the course of action taen herein. The Jnited Nations 3tandard 8inimum Ru"es for the #dministration of 'u(eni"e 'ustice &ei/ing Guide"ines*14 the Jnited Nations Guide"ines for the re(ention of 'u(eni"e 9e"inuenc &Riadh Guide"ines* and the Jnited Nations Ru"es for the rotection of 'u(eni"es 9eri(ed of ?i!ert 15 are consistent in recognizing that imrisonment is a (a"id form of disosition ro(ided it is imosed as a "ast resort and for the minimum necessar eriod. ?ast" fo""o,ing 3ection 51 of Reu!"ic #ct No. $%44 the etitioner a"though he has to ser(e his sentence ma ser(e it in an agricu"tura" cam or other training faci"ities to !e esta!"ished maintained suer(ised and contro""ed ! the ureau of Corrections in coordination ,ith the 9eartment of 3ocia" )e"fare and 9e(e"oment in a manner consistent ,ith the oFender chi"dBs !est interest. 3uch ser(ice of sentence ,i"" !e in "ieu of ser(ice in the regu"ar ena" institution. )HEREFORE the Court DENIES the etition for re(ie, on certiorari AFFIRMS the amended decision romu"gated on 9ecem!er 7 2006 in C.#.- G.R. CR No. 2$2$5
!ut DELETIN( the order to remand the /udgment to the tria" court for im"ementation and 9>R=CT3 the ureau of Corrections to commit the etitioner for the ser(ice of his sentence in an agricu"tura" cam or other training faci"ities under its contro" suer(ision and management in coordination ,ith the 9eartment of 3ocia" )e"fare and 9e(e"oment. No ronouncement on costs of suit. SO ORDERED.
