ATIZADO & MONREAL vs People G.R. No. 173822 October 13, 2010

SECTION 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.

Retroactive application of RA 9344 to juvenile already serving sentences. The law aims to promote the welfare of minor defenders through programs and services, such as delinquency prevention, intervention, diversion, rehabilitation and re-integration geared towards their development.

 SALVADOR ATIZADO and SALVADORMONREAL, Petitioners, vs. PEOPLE OF THE PHILIPPINES, Respondent G.R. No. 173822 October 13, 2010

FACTS: Petitioners Atizado and Monreal are accused of killing and murdering one Rogelio Llona on April 1994. It was said that both petitioners barged in on the house of one Desder, where the victim was a guest and suddenly shot at Llona with their guns. After the shooting, they fled. For their defense, the petitioners interposed that they were at their family residence and drinking gin. The RTC convicted Atizado and Monreal for the crime of murder and sentenced them with reclusion perpetua. On appeal to the CA, the court affirmed the conviction in 2005. It is important to note that Salvador Monreal was a minor at the time of the commission of the crime.

 ISSUE: Whether or not the lower courts erred in finding the petitioners guilty beyond reasonable doubt for murder.

What is the penalty to be imposed on Monreal, a minor during the time of the commission?

HELD/RATIO: Conviction affirmed however, the penalty imposed on Monreal is suspended. The witness’ positive identification of the petitioners as the killers, and her declarations on what each of the petitioners did when they mounted their sudden deadly assault against Llona left no doubt whatsoever that they had conspired to kill and had done so with treachery. Under Article 248 of the RPC, the penalty for murder is reclusion perpetua to death. There being no modifying circumstances, the CA correctly imposed the lesser penalty of reclusion perpetua on Atizado. But reclusion perpetua was not the correct penalty for Monreal due to his being a minor over15 but under 18 years of age. The RTC and the CA did not appreciate Monreal’s minority at the time of the commission of the murder probably because his birth certificate was not presented at the trial. Yet, it cannot be doubted that Monreal was a minor below 18 years of age when the crime was committed on April 18, 1994. His counter-affidavit, the police blotter and trial records show that Monreal was a minor at the time of the commission. Monreal’s minority was legally sufficient, for it conformed with the norms subsequently set under Section 7 of Republic Act No. 9344: Section 7. Determination of Age.

 


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