Benguet fiscal moves to free 2 minor punks 06-05-21

	NORDIS WEEKLY May 21, 2006
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Benguet fiscal moves to free 2 minor punks
LA TRINIDAD, Benguet (May 19) — The Benguet Provincial Prosecutor’s Office submitted today to the Regional Trial Court, Branch 64 of Buguias town here, a motion to release the two minors from the 11 punks earlier arrested by the Philippine National Police (PNP) suspecting them as a member of the New Peoples’ Army (NPA) which raided a military detachment in Mankayan in February. The two minors who are the subject for release of the Prosecutor’s motion are Frencess Ann Bernal, 15, from Camupang, Marikina City; and, Ray Lester Mendoza, 16, from San Francisco, Makati City. Bernal is now detained at the Women’s Correctional of the La Trinidad District Jail while Mendoza is detained at the youth jail of the same district jail. The motion anchored on Republic Act 9344 known as the Juvenile Justice and Welfare Act of 2006 which exempts minor aged 15 years and below from any criminal liability. The law also provides that those 15 years and one day to 18 years can only be criminally charged if they acted out the crime with discernment. RA 9344, which has a retroactive effect, automatically dismisses criminal cases committed by minors by 15 years and below as they are presumed to have acted without discernment. Together with nine other punks, Bernal and Mendoza were traveling towards Sagada, Mountain Province in February but was flagged down by PNP checkpoint in Buguias, detained them, and allegedly undergone various human rights violations from the hands of their arresting officers, which they charged now with criminal and administrative cases. Release them now Lawyers from the Free Legal Assistance Group (FLAG) headed by Atty. Pablito Sanidad, who represent the punks and from the Cordillera Human Rights Alliance (CHRA) welcome this legal development. FLAG claims that a hearing, still to be set by the judge, will determine the age of Bernal and Mendoza. The lawyers claimed the other nine have strong chances to be released if the court will decide on the motion to quash the cases against them. Other lawyers believe that the Provincial Prosecutor’s Office, with the new law, has no choice but to move for the release of the two minors. “Else it will be another shame for them,” a human rights advocate adds. In a latest development in relation with RA 9344, the government claimed that there are three minor beneficiaries listed for the Cordillera region, which include the two minor punks. In the national level, the number of criminal cases involving youth offenders totals to 1,504, who are charged of petty crimes except one case of homicide. To be effective on May 22, the law provides that those minors, whose cases will be dismissed, will be placed under the DSWD (Department of Social Welfare and Development) facility for rehabilitation until they are ready for turnover to their parents. # Arthur L. Allad-iw for NORDIS Post your comments, reactions to this article
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	NORDIS WEEKLY May 21, 2006
Home \| To bottom	Previous \| Next
Benguet fiscal moves to free 2 minor punks
LA TRINIDAD, Benguet (May 19) — The Benguet Provincial Prosecutor’s Office submitted today to the Regional Trial Court, Branch 64 of Buguias town here, a motion to release the two minors from the 11 punks earlier arrested by the Philippine National Police (PNP) suspecting them as a member of the New Peoples’ Army (NPA) which raided a military detachment in Mankayan in February. The two minors who are the subject for release of the Prosecutor’s motion are Frencess Ann Bernal, 15, from Camupang, Marikina City; and, Ray Lester Mendoza, 16, from San Francisco, Makati City. Bernal is now detained at the Women’s Correctional of the La Trinidad District Jail while Mendoza is detained at the youth jail of the same district jail. The motion anchored on Republic Act 9344 known as the Juvenile Justice and Welfare Act of 2006 which exempts minor aged 15 years and below from any criminal liability. The law also provides that those 15 years and one day to 18 years can only be criminally charged if they acted out the crime with discernment. RA 9344, which has a retroactive effect, automatically dismisses criminal cases committed by minors by 15 years and below as they are presumed to have acted without discernment. Together with nine other punks, Bernal and Mendoza were traveling towards Sagada, Mountain Province in February but was flagged down by PNP checkpoint in Buguias, detained them, and allegedly undergone various human rights violations from the hands of their arresting officers, which they charged now with criminal and administrative cases. Release them now Lawyers from the Free Legal Assistance Group (FLAG) headed by Atty. Pablito Sanidad, who represent the punks and from the Cordillera Human Rights Alliance (CHRA) welcome this legal development. FLAG claims that a hearing, still to be set by the judge, will determine the age of Bernal and Mendoza. The lawyers claimed the other nine have strong chances to be released if the court will decide on the motion to quash the cases against them. Other lawyers believe that the Provincial Prosecutor’s Office, with the new law, has no choice but to move for the release of the two minors. “Else it will be another shame for them,” a human rights advocate adds. In a latest development in relation with RA 9344, the government claimed that there are three minor beneficiaries listed for the Cordillera region, which include the two minor punks. In the national level, the number of criminal cases involving youth offenders totals to 1,504, who are charged of petty crimes except one case of homicide. To be effective on May 22, the law provides that those minors, whose cases will be dismissed, will be placed under the DSWD (Department of Social Welfare and Development) facility for rehabilitation until they are ready for turnover to their parents. # Arthur L. Allad-iw for NORDIS Post your comments, reactions to this article
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