People V Doquena

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People v. Doqueña, G.R. No. 46539, 27 Sept. 1939, 68 Phil.

580

Facts:
On Nov 19, 1938, deceased Juan Ragojos was playing volleyball with some other friends and the
accussed- appellant Valentin Doquena intervened and tossed the ball at Juan hitting the latter's
stomach. The deceased chased him and slapped him on his nape. The accused, offended, took
a knife from his cousin and challenged Juan to give him another blow. Juan refused to do so,
the accused stabbed him in the chest with the knife.

issue
whether or not the accused acted with discernment.

Held:
The minor, Valentin Doquena acted with discernment. for having killed Juan Ragosjos by
stabbing him in the breast with a knife on Nov 19, 1938, in the municipality of Sual, Pangasinan.
The court did not only took into consideration the facts and circumstances but also the state of
mind at the time the crime was committed, the time he might have had at his disposal for the
purpose of meditating on the consequences of his act, and the degree of reasoning he could
have had at that moment. Thediscernment that constitutes an exemption to the exception
from criminal liability of a minor under 15 but over 9, who commits an act prohibited by law, is
his mental capacity to understand between right over wrong and all these must be afforded not
only before and during the commission of the act, but also after and even during the trial.
Under the provisions of Art 12 par. 3 of the RPC, court ordered him to be sent to the Training
School for Boys to remain therein until he reaches the age of majority.

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