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Determination of Discernment

This motion requests that the Provincial Prosecutor's Office order the Municipal Social Development Officer to conduct an assessment of a minor respondent in a rape case to determine if they acted with discernment. The respondent is above 15 but below 18 years old. The social worker assessment is required by law to determine whether the case should proceed through diversion or other legal processes depending on the discernment finding. The motion argues this determination is important to protect the minor respondent's statutory rights.

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Vinilla Quinto
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774 views

Determination of Discernment

This motion requests that the Provincial Prosecutor's Office order the Municipal Social Development Officer to conduct an assessment of a minor respondent in a rape case to determine if they acted with discernment. The respondent is above 15 but below 18 years old. The social worker assessment is required by law to determine whether the case should proceed through diversion or other legal processes depending on the discernment finding. The motion argues this determination is important to protect the minor respondent's statutory rights.

Uploaded by

Vinilla Quinto
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

Department of Justice
OFFICE OF THE PROVINCIAL PROSECUTOR
Province of CAGAYAN
SANCHEZ MIRA

PEOPLE OF THE PHILIPPINES, NPS-II-INQ-20E-000000

-versus- for:

X x x et.al “RAPE”
Respondent.
x-------------------------------x

MOTION
Re: Determination whether minor Respondent acted with
discernment

RESPONDENTS, through the undersigned counsel, by way of this


MOTION, unto this Honorable Office most respectfully avers:

1. That on May 7, 2020, the respondent was arrested by the


police officers of the Philippine National Police of Sanchez
Mira, Cagayan;

2. That after the Inquest Proceedings has been conducted by the


Inquest Prosecutor, the respondent was detained at the PNP
Station, Sanchez Mira, Cagayan;

3. That respondent is a minor, above 15 years of age but below


18 years;

4. That pursuant to the provisions of R.A. 9344, Sec. 22 as


amended provides “The social worker shall conduct an initial
assessment to determine the appropriate interventions and
whether the child acted with discernment, using the
discernment assessment tools developed by the DSWD. The
initial assessment shall be without prejudice to the preparation
of a more comprehensive case study report. The local social
worker shall do either of the following:

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“(a) proceed in accordance with sec. 20 if the child is fifteen
(15) years or below or above fifteen (15) but below eighteen
(18) years old, who acted without discernment, and (b) if the
child is above fifteen (15) years old but below eighteen (18)
and who acted with discernment, proceed to diversion under
the following chapter.”;

5. That the determination whether the minor respondent acted


with discernment or not is indispensable to safeguard his
statutory rights provided under R.A. 9344.

WHEREFORE, it is most respectfully prayed unto this Honorable


Office to issue an Order directing the Municipal Social Development
Officer of Sanchez Mira, Cagayan to conduct an immediate assessment
or evaluation whether the said minor respondent acted with
discernment for the proper dispositions of the case filed against him.

Such other relief/s just and equitable are likewise prayed for.

Respectfully submitted.

Sanchez Mira, Cagayan,


May 7, 2020.

By:

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