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Declarador Vs Gubaton

1. Frank Bansales, a 17-year old student, was charged with murder after stabbing his teacher to death with a knife. The trial court found him guilty but suspended his sentence and committed him to a rehabilitation center due to his minority. 2. The victim's surviving spouse appealed, arguing the suspension of sentence was invalid. The Supreme Court agreed, noting that under relevant statutes, juveniles convicted of crimes punishable by death or life imprisonment are not eligible for a suspended sentence. 3. The Court found Bansales was convicted of murder, which carries the penalty of reclusion perpetua to death. Therefore, despite his minority, he did not qualify for a suspended sentence under statutes governing treatment

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Jhon Allain Hisola
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148 views2 pages

Declarador Vs Gubaton

1. Frank Bansales, a 17-year old student, was charged with murder after stabbing his teacher to death with a knife. The trial court found him guilty but suspended his sentence and committed him to a rehabilitation center due to his minority. 2. The victim's surviving spouse appealed, arguing the suspension of sentence was invalid. The Supreme Court agreed, noting that under relevant statutes, juveniles convicted of crimes punishable by death or life imprisonment are not eligible for a suspended sentence. 3. The Court found Bansales was convicted of murder, which carries the penalty of reclusion perpetua to death. Therefore, despite his minority, he did not qualify for a suspended sentence under statutes governing treatment

Uploaded by

Jhon Allain Hisola
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Stat Con Digest

Prepared by Hisola
Topic: Statutes in Pari Materia
Declarador vs. Gubaton, G.R. No. 159208, August 18, 2006
FACTS:
Frank Bansales was born on June 3, 1985, 17 years of age, a student at the Cabug-Cabug National High
School in President Roxas, Capiz. On October 10, 2002 he was charged with murder; armed with a knife
and with intent to kill stabbed his teacher, YVONNE DECLARADOR, which caused the latter’s immediate
death. The crime was committed with the attendance of the qualifying aggravating circumstances of
evident premeditation and abuse of superior strength considering that the attack was made by the
accused using a long knife which the latter carried along with him from his house to the school against
his lady teacher who was unarmed and defenseless at that time and by inflicting upon the latter about
fifteen (15) fatal knife wounds resulting to her death.
RTC finds: “…guilty of murder. However, the court suspended the sentence of the accused and
ordered his commitment to the Regional Rehabilitation for Youth at Concordia, Nueva Valencia,
Guimaras…Being a minor at the time of the commission of the offense charged, ----he is entitled to
a special mitigating circumstance of minority----and is sentenced to suffer an indeterminate
imprisonment.
Rennie Declarador, the surviving spouse of the deceased (dead teacher), filed a petition for
certiorari assailing that portion of the decision of the trial court's decision.
ISSUE: WON order of suspension of the sentence of respondent and his commitment to the
Regional Rehabilitation Center for the Youth IS VALID/ ENFORCEABLE.

HELD: NO. The Order suspending the sentence of respondent is NULLIFIED.

LEGAL BASIS: In case at bar, despite the disqualification of Bansales, respondent Judge,
ordered the suspension of the sentence meted against him.

Article 248 RPC, as amended by Republic Act (Rep. Act) No. 7659, the imposable penalty for
the crime (murder) is reclusion perpetua to death.
1. Article 192 of P.D. No. 63. Suspension of Sentence and Commitment of Youthful Offender.
— If after hearing the evidence in the proper proceedings, the court should find that the
youthful offender has committed the acts charged against him, the court, shall determine the
imposable penalty, including any civil liability chargeable against him. However, instead of
pronouncing judgment of conviction, the court, upon application of the youthful offender and if
it finds that the best interest of the public, as well as that of the offender will be served thereby,
may suspend all further proceedings and commit such minor to the custody or care of the
DSWD or to any training institution operated by the government or any other responsible
person until he shall have reached twenty-one years of age, or for a shorter period as the court
may deem proper, after considering the reports and recommendations of the DSWD or the
government training institution or responsible person under whose care he has been
committed.
EXCEPTIONS: The benefits of this article shall NOT apply to a youthful offender who
(1)has once enjoyed suspension of sentence under its provisions; or
(2) to one who is convicted for an offense punishable by death or life imprisonment; or
(3) to one who is convicted for an offense by the Military Tribunals.
2. A.M. No. 02-1-18-SC (amendment to P.D. No. 63) Sec. 32. Automatic Suspension of
Sentence and Disposition Orders. —The sentence shall be suspended without need of
application by the juvenile in conflict with the law. The court shall set the case for disposition
conference within fifteen (15) days from the promulgation of sentence which shall be attended
by the social worker of the Family Court, the juvenile, and his parents or guardian ad litem. It
shall proceed to issue any or a combination of the following disposition measures best suited to
the rehabilitation and welfare of the juvenile: care, guidance, and supervision orders; Drug and
alcohol treatment; Participation in group counseling and similar activities; Commitment to the
Youth Rehabilitation Center of the DSWD or other centers for juvenile in conflict with the law
authorized by the Secretary of DSWD.
EXCEPTIONS: The benefits of suspended sentence shall NOT apply to
(1) a juvenile in conflict with the law who has once enjoyed suspension of sentence; or
(2) to one who is convicted of an offense punishable by death, reclusion perpetua or life
imprisonment; or
(3) at the time of promulgation of judgment the juvenile is already eighteen (18) years of age or
over.
The disqualification is based on the nature of the crime charged and the imposable penalty
therefor, and not on the penalty imposed by the court after trial. It is not the actual penalty
imposed but the possible one which determines the disqualification of a juvenile.

3. Rep. Act No. 9344 took effect on May 20, 2006.


SEC. 38. Automatic Suspension of Sentence. — Once the child who is under eighteen (18)
years of age at the time of the commission of the offense is found guilty of the offense charged,
the court shall determine and ascertain any civil liability which may have resulted from the
offense committed. However, instead of pronouncing the judgment of conviction, the court shall
place the child in conflict with the law under suspended sentence, without need of application:
(1) That suspension of sentence shall still be applied even if the juvenile is already eighteen (18)
years of age or more at the time of the pronouncement of his/her guilt.
(2) Upon suspension of sentence and after considering the various circumstances of the child,
the court shall impose the appropriate disposition measures as provided in the Supreme Court
on Juveniles in Conflict with the Law.
RATIO:
3. Rep. Act No. 9344 merely amended 1. Article 192 of P.D. No. 603, as amended by 2. A.M.
No. 02-1-18-SC, the suspension of sentence shall be enjoyed by the juvenile even if he is
already 18 years of age or more at the time of the pronouncement of his/her guilt. The other
disqualifications (reclusion perpetua) in Article 192 of P.D. No. 603, as amended, and Section
32 of A.M. No. 02-1-18-SC have not been deleted from Section 38 of Rep. Act No. 9344.
Legislative intent: To maintain the other disqualifications as provided in Article 192 of P.D.
No. 603, as amended, and Section 32 of A.M. No. 02-1-18-SC.
Hence, juveniles who have been convicted of a crime the imposable penalty for which is
reclusion perpetua, life imprisonment or reclusion perpetua to death or death, are
DISQUALIFIED from having their sentences suspended.
Note: pari materia : defined as a designation applied to statutes or general laws that were
enacted at different times but pertain to the same subject or object.
Case law has it that statutes in pari materia should be read and construed together because
enactments of the same legislature on the same subject are supposed to form part of one uniform
system; later statutes are supplementary or complimentary to the earlier enactments and in the
passage of its acts the legislature is supposed to have in mind the existing legislations on the
subject and to have enacted the new act with reference thereto. Statutes in pari materia should
be construed together to attain the purpose of an expressed national policy.

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