Court allows boy to post bail for death of classmate

CEBU, Philippines - The 15-year-old boy who was accused of killing an 18-year-old student at the Can-asujan National High School in Carcar has been allowed by the Regional Trial Court yesterday to post a P120,000 bail due to minority.

From a non-bailable case of murder that was earlier filed before the RTC last April 4, the minor was allowed to post bail owing to his age.

Section 6(b) of Republic Act (RA) 9344 declares that a child older than 15 years old but below 18 is exempted from any criminal liability arising from any crime, unless a finding that the child committed the crime with discernment is shown.

The boy was accused of hitting his older classmate John Carlo Lumba on the head five times, allegedly because he resented being asked P10 so they could burn a copy of a song on a CD.

Based on the assessment of DSWD Carcar social worker Jenna Regis, the child was not fit to be returned to his parents because of the risks on the family.

However, the social workers also insisted the minor should not stay in jail with adult offenders.

They also ruled out sending him to the rehabilitation center in Argao, because it would be too difficult to get him for the filing of cases.

Regis and the minor were supposed to come to Cebu City to seek legal assistance from the Public Attorney’s Office. They planned to file a petition for involuntary commitment so that the child may be transferred to a rehabilitation center for juvenile offenders.

Balay Kasilungan and the DSWD Regional Rehabilitation Center for the Youth are being eyed as the boy’s future center.

Meanwhile, Visminda Barangal, officer-in-charge for administration of the Department of Education’s Carcar office, said they were only able to conduct an initial investigation since Superintendent Woodrow Denuyo is still on official business in Luzon.

She said they saw no neglect on the part of class adviser Jessica Endangan, as the incident happened during recess.

They said the classmates were in shock because of Lumba’s death.

Endangan in her affidavit said that she was in the faculty room taking her snacks at that time when her students came hurrying towards her and told her that Lumba has been hit on the head and was unconscious.

They brought Lumba to the hospital but he was later declared dead before he was about to be transferred to the South General Hospital. — Jasmin R. Uy/NLQ (THE FREEMAN)