Minority Law Examples - Human Rights of Minorities Law { 2022 }

MINORITY LAW

A minority Law group, by it is original Meaning, refers to a group of people whose practices, race, religion, ethnicity, or other characteristics of a minor group. The rights and privileges of a child in conflict with the law are as follows:

Characteristics of Minority Groups and Human rights of minorities

    Exempting circumstance of minority Rights

    Minority Meaning: To exempt a minor, who is Fifteen years old or more, from criminal liability, it Should be shown that he committed the criminal act without discernment. Choosing an isolated and dark place to perpetrate the crime Law, to prevent detection and boxing the victim to weaken her defense” are indicative of the accused’s mental capacity to fully understand the results of his unlawful action (People vs. Jacinto, G.R. No. 182239, March 16, 2011).

    MINORITY law

    Minority Law A child, who is already serving sentence, shall likewise benefit from the retroactive application of RA 9344. They shall be immediately released if they are so qualified under this Act or other applicable law (Section 68 of RA No. 9344; People vs. Montecalvo, G.R. No. 193507, January 30, 2013).

    Minority examples Privilege mitigating circumstance

    In People vs. Agacer, G.R. No. 177751, Jan 7, 2013 – suspect is entitled to the privileged mitigating circumstance of a minor, which graduates the penalty one degree lower. The explanation of the law in extending such leniency and compassion is that because of his age, the accused is presumed to have acted with less discernment. This is regardless of the fact that his minority Law wasn't proved during the trial and that his birth certificate was belatedly presented for our consideration since to rule accordingly will not adversely affect the rights of the state, the victim, and his heirs.

    Under Section 98 of RA No. 9165, the provisions in RPC are not applicable unless the accused is a minor. In such a case, the penalty of life imprisonment shall be considered reclusion Perpetua. In sum, if the accused is a minor, Article 68 of RPC on the privilege mitigating circumstance of the minor shall apply to the crime of illegal possession of dangerous drug even though this is malum prohibitum punishable by life imprisonment. 

    Hence, the penalty of life imprisonment for illegal Criminal possession of dangerous dr-ug committed by a Minority Law, which is treated as reclusion Perpetua, shall be graduated to reclusion temporal because of the privilege mitigating circumstance of minor (People vs. Montalaba, G.R. No. 186227, July 20, 2011).

    Minority Suspension of the sentence

    While Section 38 of RA 9344 provides that suspension of sentence can still be applied even if the child in conflict with the Minority Law is already 18 years of age or more at the time of the pronouncement of her/his guilt, Section 40 of the same law limits the said suspension of sentence until the child reaches the maximum age of 21. Hence, the kid in conflict with the law, who reached 21 years, cannot avail of the privilege of suspension of sentence (People vs. Mantalba, G.R. No. 186227, July 20, 2011; People vs. Salcedo, GR No. 186523, June 22, 2011; People vs. Arpon, G.R. No. 183563, Dec 14, 2011 (Justice De Castro; People vs. Montecalvo, G.R. No. 193507, January 30, 2013).

    Probation

    Right to apply for probation despite attractiveness - Section 4 of PD No. 968 provides: “Application for probation should be filed within the period of perfecting an appeal and no application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction.” However, RA No. 9344 has expressly amended Section Four of PD No. 968 and provides that a kid in conflict with the law can apply for probation at any time.

    Section 42 of RA No. 9344 provides: “The court may, after it shall have convicted and sentenced a child in conflict with the law, and upon application at any time, place the child on probation in a lie of service of his/her sentence taking into account the best interest to the child. The phrase “at any time” mentioned in Section 42 means the child in conflict with the law may file an application for probation even beyond the period of perfecting an appeal and even if the child has perfected the appeal from the judgment of conviction.

    Right of somebody or user of dangerous dr-ugs to apply for probation - The rule under Section 24 of RA No. 9165, which disqualifies drug traffickers and pushers for applying for probations, does not extend to the possessor of dangerous dr-ugs. In Padua vs. People, G.R. No. 168546, July 23, 2008, it was held that: 

    “The Minority Law considers the users and possessors of illegal d-rugs as victims whereas the drug traffickers and pushers as predators. Hence, whereas drug traffickers and pushers, like Padua, are categorically disqualified from availing the law on probation, youthful drug dependents, users and possessors alike, are given the chance to mend their ways.”

    Right to apply for probation even if the penalty for possession of the dangerous drug is more than Six years – Under Section 9 of PD 968, one is sentenced to suffer a penalty (maximum indeterminate penalty) of more than isn't qualified to apply for probation. However, under Section 70 of RA No. 9165, a first-time minor offender can apply for probation for the crime of illegal possession of dangerous dr-ugs even if the penalty is higher than 6 years of imprisonment.

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