Tuesday, September 11, 2007 Prosecutor drops case vs coed in stabbing By Rhodamae M. Hernandez
THE City Prosecutor's Office dismissed the frustrated homicide charges filed against a 17-year-old female student of a private university accused of stabbing her classmate.
The prosecutor's office tells police to instead initiate diversion proceedings instead of pushing through with the case.
In a resolution penned by City Prosecutor Carlos B. Castaños Jr., said he found probable cause to charge the respondent, who was acting with discernment, for attempted homicide.
But since the penalty imposed is not more than six years imprisonment and there is no proof that respondent has undergone diversion proceedings as required by Republic Act 9344 or the Juvenile Justice and Welfare Act, then there is no other recourse but to dismiss the case.
Castaños, in dismissing the case, ordered the police officer to conduct the required diversion proceedings with the assistance of the City Social Services and Development Office of Davao City.
Accused Gina (complete name withheld for being a minor) was charged for stabbing Ana (not her real name), a Mass Communication student, inside the school campus at around 8:30 a.m. of September 6.
The accused was charged based on the testimonies of their classmates who saw the incident.
Chief City Prosecutor Raul B. Bendigo explained that the ruling of Castaños was in accordance with law, saying that since the respondent was a minor, even if she was acting with discernment, Section 23-A of RA 9344 requires that she will undergo diversion proceedings with her and her victim's parents at the CSSDO because the penalty for frustrated homicide does not exceed six years of imprisonment.
"They will go to the CSSDO and mediate. Pag usapan doon ang mga babayaran, ang mga damages. Kasi kung nag-exceed ng six years, we will file the case and ang court na ang mag-mediate," Bendigo said.
