Views & Opinions
A Lousy Law
By Antonio M.Reyes
One of the worst legislation ever passed by congress is the Juvenile Justice and Welfare System Law of 2006 which forbids kids under 15 who commit a crime from being tried in court.
Its latest victim was a six year old girl who was brutally raped and sodomized by a 13 year old drug addict whose lawyers wanted the case dismissed because their cliant was under aged and could not be prosecuted under the judicial law. The Court of Appeals agreed and placed the accused in the custody of his parents, who couldn’t control him in the first place.
The stupidity of this law which clearly favors criminals was highlighted in Maasin City two years ago when a 14 year old barangay trouble maker abducted and repeatedly raped a 16 year old high school student.
The victim’s rape complaint was also dismissed and the suspect released and placed under his parent’s custody.
One of the first acts of the sex maniac when he was freed was to boast that he would rape his victim again if he had the chance because he was above the law.
Had he made this threat to a Batangeno, Ilocano, Waray or Bulakeno he would have been beaten to death.
He was lucky Southern Leytenos are a peaceful lot and not prone to violence.
This ridiculous law has no place in our society and should be repealed ASAP.
As for its author - he should be disbarred since he is obviously an imbecile and a disgrace to the legal profession.
This is the kind of policy that prods idealistic Filipinos to leave the country, or take to the hills, where the predators are much easier to identify and avoid – unlike hoodlums in barong Tagalogs who hide behind the clock of congressional immunity..
You and the Law
By Atty. Romeo R. Geniston, CPA
Responsibility of Position
FACTS: Shirley, an elementary student, died after a rotting branch of a caimito tree located within the school premises fell on her.
Shirley’s parents sued the school principal for damages claiming that even as early as two months before the incident there were already reports about the possible danger the tree posed to passersby. They claimed that the principal’s gross negligence and lack of foresight caused Shirley’s death.
The trial court dismissed the complaint for its failure to establish negligence on the part of the school’s principal.
The Appellate Court reversed the trial court’s decision.
DECISION: As school principal, petitioner is expected to oversee the safety of the school’s premises. The fact that she failed to see the immediate danger posed by a rotting tree shows she failed to exercise the responsibilities demanded by her position.
Even if she assigned disposal of the tree to another teacher, she failed to check if the danger had been removed. Her defense of negligence cannot be accepted.
(Capili vs. Cardaña, G.R. No. 157906, Nov. 2, 2006, 506 SCRA 569 (2006)
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