Country:

PHILIPPINES

Case Name: CRIMINAL CASE

Facts of the Case:

One Danny Hera Y. Doberte , 38 years old, married of cited place, appeared to this office
reported and alleged that on the fore cited place, time and date, victim ( his Brother-in law) was
stabbed by the suspect on his left side of the neck and then was rushed to CCMC by the
personnel of Barangay Cogon.

Violation: FRUSTRATED MURDER

Human right:
*Death sentence is to be used very sparingly only in special cases.
* Death sentence is treated as an exceptional punishment to be imposed with special
reasons.
* The accused has a right of hearing.
* There should be individualisation of sentence considering individual circumstances.
* Death sentence must be confirmed by the High Court with proper application of mind.
*There is right to appeal to the Supreme Court under article136 of the Constitution and
under section 379 of the Cr.P.C. The Supreme Court should examine the matter to its own
satisfaction.
*The accused can pray for pardon, commutation etc. of sentence under sections 433 and
434 of the Cr.P.C. and under articles 72 and 161 to the President or the Governors.
Articles 72 and 161 contain discretionary power of the President and the Governor
beyond judicial power to interfere on merits of the matter; though judiciary has limited
power to review the matter to ensure that all relevant documents and materials are placed
before the President or the Governor. However, the essence of the power of the Governor

should be based on rule of Law and rational considerations and not on race, religion,
caste or political affiliations.
*The accused has a right to speedy and fair trial under articles 21 and 22 of the
Constitution.
*The accused under article 21 and 22 has right not to be tortured.
*The accused has freedom of speech and expression within jail custody under articles 21
and 19 of the Constitution.
*The accused has right to be represented by duly qualified and appointed legal
practitioners.

Analysis:
On the 7th day of June, 2013 at about 1:00 P.M. in the city of Cebu, Philippines, and
within the jurisdiction of the honourable court , the accused, armed with a sharp bladed
instrument, with deliberate intent with treachery and evident premeditation with intent to kill, did
then and there suddenly and unexpectedly attack, assault and use personal violence upon the
person of JULIETO TIRO , by stabbing him twice with the use of said sharp bladed instrument,
hitting him on his neck, thereby inflicting upon him stab wounds which would ordinarily cause
the death os JULIETO TIRO, performing all the acts of execution which would have produced
the crime of murder as a consequence, but which nevertheless did not produce it by reason of
some causes independent of the will of the accused, that is by the timely and able medical
assistance rendered to said JULIETO TIRO which prevented his death.
The prosecutor of the City of Cebu, accuses GALLEON PAGALAN of the crime
FRUSTRATED MURDER.
Based on this, the decision of JULIETO TIRO of filing a case to GALLEON PAGALAN is
right. Because TIRO should be given justice to what PAGALAN did. Its the right of a human to
be given justice to what others has committed.

Conclusion:
For me, based on what Ive heard during my court visit I can say that the accused one
who committed FRUSTRATED MURDER is guilty. During my visit, JULIETO TIRO was being
questioned and GALLEON PAGALAN the one who is being accused didnt came to court, and it
was the 2nd time around, in the court that PAGALAN didnt go. He was being warned by the

court due to not going to the court if theres a hearing. Based on what ive saw and heard
GALLEON PAGALAN is guilty due to the actions he was done while there are in the process of
solving the case.

Court visit
Reaction paper

In partial fulfillment
for POLSCI

Submitted by:
MARY CHRIS A. MELENCION
Submitted to:
JOANNA MARIE HUGO
FUENTES-BAROMAN