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  • Guevarra Vs Almodovar - Crim

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    analyn123
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    An 11-year-old boy, Guevarra, was playing with friends using an air rifle that shot bottle caps. During the game, Guevarra accidentally hit his friend Teodoro with a pellet, which caused Teodoro's death. The fiscal initially did not charge Guevarra due to his age and it being an accident. However, Teodoro's parents appealed and the Department of Justice ordered charges brought against Guevarra for homicide through reckless imprudence. The Supreme Court ruled that while minors age 9 to 15 are presumed without criminal capacity, the presumption can be rebutted if it is proven the minor had discernment to appreciate the nature and criminality of the act

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    Guevarra vs Almodovar - Crim

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    An 11-year-old boy, Guevarra, was playing with friends using an air rifle that shot bottle caps. During the game, Guevarra accidentally hit his friend Teodoro with a pellet, which caused Teodoro's death. The fiscal initially did not charge Guevarra due to his age and it being an accident. However, Teodoro's parents appealed and the Department of Justice ordered charges brought against Guevarra for homicide through reckless imprudence. The Supreme Court ruled that while minors age 9 to 15 are presumed without criminal capacity, the presumption can be rebutted if it is proven the minor had discernment to appreciate the nature and criminality of the act

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    © All Rights Reserved
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    Signaler comme contenu inapproprié
    686 vues1 page

    Guevarra Vs Almodovar - Crim

    Transféré par

    analyn123
    An 11-year-old boy, Guevarra, was playing with friends using an air rifle that shot bottle caps. During the game, Guevarra accidentally hit his friend Teodoro with a pellet, which caused Teodoro's death. The fiscal initially did not charge Guevarra due to his age and it being an accident. However, Teodoro's parents appealed and the Department of Justice ordered charges brought against Guevarra for homicide through reckless imprudence. The Supreme Court ruled that while minors age 9 to 15 are presumed without criminal capacity, the presumption can be rebutted if it is proven the minor had discernment to appreciate the nature and criminality of the act

    Droits d'auteur :

    © All Rights Reserved
    Téléchargez comme DOC, PDF, TXT ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    sur 1

    GUEVARRA vs.

    ALMODOVAR
    G.R. No. 75256 (January 26, 1989)

    FACTS:
    On October 29, 1984, the Petitioner who was then 11 years old was playing with best friend
    Teodoro Almine Jr. and three other children in their backyard. The children were target-shooting
    bottle caps placed 15 to 20 meters away with an air rifle borrowed from a neighbor. In the course
    of game, Teodoro was hit by a pellet on his left collar bone which caused his unfortunate death.
    The examining fiscal after investigation exculpated petitioner due to his age and because the
    unfortunate appeared to be an accident. Victims parents appealed to Ministry of Justice, who
    ordered fiscal to file a case against petitioner for Homicide through reckless imprudence.
    ISSUES:
    1. Whether an eleven (11) year old boy could be charged with the crime of homicide thru
    reckless imprudence
    HELD:
    Yes.
    - Intent and discernment are two different concepts. Intent means: a determination to do certain
    things; an aim; the purpose of the mind, including such knowledge as is essential to such intent.
    Discernment means: the mental capacity to understand the difference between right and wrong
    - While intent and discernment are products of mental processes within a person; intent refers to
    the desired of ones act (active) while discernment refers to the moral significance that a person
    ascribes to an act (passive)
    - Minors 9yrs to 15yrs are presumed to be without criminal capacity; but this presumption may
    be rebutted if it could be proven that they were capable of appreciating the nature and criminality
    of the act, that is, that they acted with discernment
    - Discernment is embraced within the concept of intelligence which is one of the elements of a
    culpable felony, thus it is important that a minor 9 yrs to below 15 yrs of age to have acted with
    discernment to show that he acted with intelligence thus being liable for the offense under Art
    365 of the RPC
    Petition dismissed for lack of merit and the TRO effective 17 September 1986 is lifted. The case
    was remanded to the lower court for trial on the merits.

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