2013 (Criminal Law) Bar Exam Questions: Essay Question 5

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V.

Michael was 17 years old when he was charged for violation of Sec. 5 of R.A. 9165 (illegal sale of prohibited drug). By the time he was convicted and sentenced, he was already 21 years old. The court sentenced him to suffer an indeterminate penalty of imprisonment of six (6) years and one (1) day of prision mayor, as minimum, to seventeen (17) years and four (4) months of reclusion temporal, as maximum, and a fine of P500,000.Michael applied for probation but his application was denied because the probation law does not apply to drug offenders under R.A. 9165. Michael then sought the suspension of his sentence under R.A. 9344 or the Juvenile Justice and
Youth Welfare Code.

Can Michael avail of the suspension of his sentence provided under this law? (7%)

4 comments

  1. Medyo nabitin ang sagot ko dito, under 9344 pwede but upto 21 years old under the same law. I forgot a case na na discuss sa amin which interpreted that part, parang ang gist nung case na yun is that pag umabot na ng 21 when the sentence his handed down, suspension of sentence can no longer be availed of.

  2. The promotion of the welfare of a child in conflict with the law should extend even to one who has exceeded the age limit of twenty-one (21) years, so long as he/she committed the crime when he/she was still a child. The age of the child in conflict with the law at the time of the promulgation of the judgment of conviction is not material. What matters is that the offender committed the offense when he/she was still of tender age. P vs jimenez, 2011.

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