3. RENNIE DECLARADOR, petitioner, vs.
HON. SALVADOR S. GUBATON, Presiding
Judge, Branch 14, Roxas City, and FRANK
BANSALES, respondents.
Facts:
1. Frank Bansales was a student at the Cabug-Cabug National High School in
President Roxas, Capiz. At around 9:45 a.m. on July 25, 2002, Yvonne
Declarador was stabbed to death.
2. The RTC rendered judgment on May 20, 2003 finding Bansales guilty of
murder.
3. However, the court suspended the sentence of the accused and ordered his
commitment to the Regional Rehabilitation for Youth
4. Rennie Declarador, the surviving spouse of the deceased, filed a petition for
certiorari assailing that portion of the decision of the trial court’s decision
suspending the sentence of the accused and committing him to the
rehabilitation center.
Issue: whether respondent court committed grave abuse of discretion amounting to
excess or lack of jurisdiction in ordering the suspension of the sentence of
respondent Bansales and his commitment to the Regional Rehabilitation Center for
the Youth.
Held : The Order of the respondent Judge suspending the sentence of respondent
Frank Bansales is NULLIFIED
1. The law merely amended Article 192 of P.D. No. 603, as amended by A.M.
No. 02-1-18-SC, in that 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 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. Evidently, the intention of
Congress was 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.
2. 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.
3. 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.