By Itchie G. Cabayan
After it was proven that he had discernment or had the ability to distinguish between right and wrong, one of the two minor suspects in the Tacloban school shooting incident in June were ordered charged with frustrated murder and attempted murder.
Justice Undersecretary Ian Norman Dato said that the Prosecutor in Tacloban who handled the case had ordered that four counts of frustrated murder and six counts of attempted murder be filed against the 15-year-old suspect, who was one of two minors that opened fire at the San Juan National High School.
It will be recalled that after the incident, the Department of Justice studied if the two minors can be charged under the law.
Dato said the order came after the Prosecution found that the 15-year-old “acted with discernment and in conspirancy with a second minor.”
It was learned that a bail of over P500,000 had been recommended for the suspect’s provisional liberty.
Under the law, minors are exempt from criminal liability but the 15-year-old can be charged if found to have acted with discernmen.
As a child in conflict with the law (CICL), the suspect was assessed to have shown the ability to distinguish between right and wrong and still proceeded to commit the wrong acts prior, during and after the incident, which would form the context within which to determine discernment, Dato explained.
Dato said the other suspect aged 14, although reported to be the one who actually shot the three fatalities, will undergo rehabilitation owing to his age.
