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Harmless Facebook comment leads to fatal mauling of 13-year-old boy

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CAGAYAN DE ORO CITY, Philippines—A harmless comment on the social network Facebook has cost the life of a 13-year old boy in El Salvador town in Misamis Oriental.

John Francis Bagapuro was allegedly mauled by 18-year-old Arnulfo Cariaga, following an exchange on Facebook over an uploaded photo showing Bagapuro with a girl.

Cariaga made a comment that the girl was the girlfriend of his friend and warned Bagapuro against courting her.

According to the victim’s older brother, Johnel, the only response that Bagapuro made to Cariaga’s comment was “wew.” Johnel said Cariaga responded on the comment thread by threatening to hurt Bagapuro should they meet.

On November 16, Bagapuro was on his way home from school when Cariaga, who was with two other friends, attacked him. According to Johnel, the incident was reported to the El Salvador police station on the same day. The victim was given pain relievers for his injuries at a hospital in El Salvador.

Two weeks after the mauling, the victim started complaining about headaches and was vomiting. He was taken to the Northern Mindanao Medical Center in Cagayan de Oro last December 8 where he fell into a coma.

According to the Johnel, John Francis underwent a CT scan that revealed a blood clot in the victim’s brain. The victim was pronounced dead by noon the following day.

“This has been a big blow to our family…we did not expect Cariaga to hurt my brother like that,” he said.

The Bagapura family initially filed a case against Cariaga for slight physical injuries, with the Provincial Prosecutor’s Office last November 20. On Tuesday, the family was advised by Prosecutor Ruby Malanog to submit supplemental documents such as death, medical certificates and family affidavits so that the charge could be upgraded to homicide.

“If the evidence is sufficient, we might find probable cause for filing a murder case … or at the very least, a homicide case against the respondent,” she said.


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Tags: Crime , Facebook , Homicide , law and justice , Mauling , minors , Philippines - Regions , preliminary investigation , serious physical injuries , Social Media , State Prosecutors , teenagers , Youth


  • randyaltarejos

    Waiting for the victim along the way was premeditated, which is an element for murder? Or the case could be reduced to homicide, after a heated altercation ensued. Too sad that a simple word “Wew” could kill.

    • http://pulse.yahoo.com/_PM6JHCFR2KT2AURMWRDUXBNLQY Darwin

      The victim is a 13 year old. There is abuse of superior strength given there are two assailants. How do you expect the minor to fight back?

      • batangpaslit

        you’re a good lawyer

    • PCD_2012

      Even a stare could kill you in our country…

      • batangpaslit

        eh…kanta ngang My Way nagka patayan

  • http://profile.yahoo.com/Z32DU636QP4GZWZBW7C7ZURNW4 aga

    The prosecutor or the police should be the one to secure said documents for filing an upgraded charge against the suspect. 

    • PCD_2012

      True!  The problem is, you will not expect such initiative coming from those agencies unless you do it by yourselves!  Only in our country…

    • batangpaslit

      right

  • http://pedestrianobserver.blogspot.com/ Political Jaywalker

    What an idiot, an 18 year old beating up a 13 year old makes him a dumb bully who refused to grow up. Someone like that tells you that his parents failed in raising this moron to be a responsible  citizen that is destructive instead of being a contributor to society. This is the time when people really need to think really hard if they really want to bring forth a human being into this planet who may turn out to be a menace and murderer of children……..

  • rickysgreyes

    Dapat kasuan yung 3 nambugbog Hindi Lang 1

    • batangpaslit

      husto…

  • markuz29

    another thing…. it may take year and years before this murderer go to jail…. he may be 25 by then.. hehheh

  • http://www.alamat.com.ph/ Danny Garcia

    This is news? Basta may “Facebook” sa title?

    Inquirer becoming a tabloid??

    • http://pulse.yahoo.com/_2DAZWQGRABQ742P6J6XNTSLGJQ dark matter

      Binasa mo ba ang content? You really think this is not news-worthy?

      You will be mauled that will later cause your death and nobody should care.

    • http://www.facebook.com/Xyr3.hiR3x Xyre HiRex

      At tanga lang dre? Wag ka nalang mag basa kung di ‘to news

    • andresa igbac

       ang lagay nyan, you edited pa your comment pero lumabas pa ring ewan ang comment mo? heheh.

      • batangpaslit

        chuckles…
        banat Andresa

    • batangpaslit

      Tsong, have you no sense how precious life is? Your conscience must be seared, eh?

  • Garo Ungaro

    its a homicide alright…the accuse has no idea of what is the consequences of his action..that resulted to a complicated blow the head. resulted in subdural hematoma…which is always taken for granted..it takes time..blood clotting in the brain is the result of death…as young as the victim 18 years old, the juvenile courts makes the decision and what ever sentence by, the court will be executed with he reach the mature age maybe 21..meantime his under the care and supervision of the juvenile court…

    • regie

      sir ” en la es causa dela causa es causa del mal causado”…”.he who is the cause of the cause is the cause of the evil cause”….suspect is liable because he is already 18 years old not covered by the juvenile welfare act….

  • Matambaka

    kawawa yong bata… 

  • regie

    sir qualified po yun kasi me premeditation, tapos use of superior strength, employment of means., methods and forms . murder dapat ang ikaso dun tapos with disregard with age pa….

    • http://www.dafk.net/what/ Kilabot ng mga Balahibo

      ….and numbers too

      pero, ang intent is to harm (as per article) not kill, kaya…isip isip.

      anyway, death of a 13 yo victim. Im sure si Cariaga i-de de virginize din yan sa city jail.

      • WeAry_Bat

        Tama, sure ball pa homicide kasi bugbog lang ang written threat.  In any case, here’s to another deserving, bent-over-soap case.

    • batangpaslit

      sana Bro ikaw ang Prosecutor ano para masampa kaagad ang kaso

  • wawangpenoy

    Child abuse is also in order here

  • ever green

    dahil sa napakawalang kuwentang dahilan….tsk tsk tsk……

  • Horst Manure

    Wew sad story.

  • noynoyingalways

    WEEWW Kawawang 2 Bata

    • lucidlynx

      you think it’s a joke? 

  • rootsofhealth

    What is also sad is that even young boys view girls as things to be owned. 

    • batangpaslit

      such thinking is reinforced by this inane FB

  • http://profile.yahoo.com/P4PIU2AIGVXJNQ4UBH5X64MSFE mr

    salvage na lang yan dahil walang pakinabang sa mundo

    • batangpaslit

      right on

  • http://pulse.yahoo.com/_NMM3BZ5SAKNWSIDYG3BSIOFNKY Stephen

    this guy and his cohorts deserves death penalty…period.

    • batangpaslit

      you said it

  • andresa igbac

    ang dami talagang napapahamak dahil sa FB and other networking sites. parental guidance is really needed especially for youngsters using these.

    • batangpaslit

      i am never enamoured of FB

  • https://me.yahoo.com/a/hbRkpPw1oYTBJamz.EH7acMZBBVoIlWXriA-#e4348 Felix

    Would it be possible to have a law also penalizing parents of minor-aged children who committed crimes punishable by imprisonment of no less than three years? Aren’t children who commit crimes those not properly guided by their parents?

    • panhase

       The attacker was 18 years old.

      • batangpaslit

        tama….may sariling disposition na ang naka patay

  • Rey Moreno

    wew

  • Russell Ariola

    If the evidence is sufficient…..

    Tangnang prosecutor to. Tamad!! Andyan na bangkay trabaho ng fiscalia at prosecution ang manguha ng mga dokumento hindi yung mga namatayan.

    • http://profile.yahoo.com/WWEUHLDOPL3PWIXV5LLLQUFHFY Atty

      Sufficient evidence for murder.. Otherwise, homicide lang. Yun po ang ibig sabihin ni prosecutor.  

      • beatmanny

        panot supporter sya at panot din sya kaya ganyan ang takbo ng utak nyan 

      • batangpaslit

        hehehe….naghintay ng lagay

  • http://profile.yahoo.com/G7AHS4SX7TZDVNZS2AQHAAKYDE Pascal C

    Being a ‘foreign’ resident here it always amazes me that the family have to file charges.
    Is it not the police and public prosecutors job to do so, as in almost all other countries. If there is substantial evidence, should this man not be arrested, questioned and charged straight after the 13yo died? Murder, unlawful killing, manslaughter or whatever, why does it take so long to charge someone here. Charge him, bring him before a judge, adjourn case and remand him for a few months

    • http://pulse.yahoo.com/_IXKPM7C4VKZJXFXVL3WWRIWF7A waldner

      Actually, we have a shortcut justice system that is effective but only few cities (Davao) implement such kind of practice.

      • batangpaslit

        You said it…

      • http://profile.yahoo.com/G7AHS4SX7TZDVNZS2AQHAAKYDE Pascal C

        I may be a foreigner; but I have heard of ‘that system’ before. More like ‘Death Wish’

    • Jesse_Bruce_Pinkman

      It is not just the family who can file a case; anyone can file a case. But in this case, it was the family who filed first.

      If you have heard about the Ramgen case, it was the police who filed the case against his siblings because nobody in the family wanted to do so.

  • TheSmilingBandit

    Either that 13 year old boy was very precocious or the 18 year old was into children.

    And does it take 3 guys to beat up a 13 year old? How brave, how very brave. BRAVO … perhaps this Arnulfo Cariaga can solo a chicken, no, wait, a small chick fresh from the egg next time.

    As for Bagapuro, perhaps he should have learnt not to be overly brave online as this incident shows that there could be real life repercussions.

  • malek_abdul

    Dumb ways to Die!!!

  • My mom

    IT could only be murder. There was a threat before the fatal mauling. 18-year-old Arnulfo Cariaga is old enough for a life sentence.

    • batangpaslit

      tumpak….pareho tayo ng position

  • http://twitter.com/absurdword Jose Mateo S. Boza

    wew . . .

  • RJ 45

    wew

  • hustlergalore

    walang values. pumatay agad ng tao ang inisip?

  • jabbawookie

    Dapat murder at hindi homicide lang.  Cariaga planned the mauling of a much smaller ang younger kid and had time to think it over.  He is responsible for the outcome of his crime.  He is already 18 and sentencing him to reclusion perpetua would make other hot-headed people think twice.

    • Katz GaMinz

      Well, This is a Homicide…
      But I kinda agree that this should be a Murder..

    • batangpaslit

      agree….pre-planned, eh. merong threat

    • Jesse_Bruce_Pinkman

      For a homicide to be elevated to murder, some elements and circumstances must be present like there was evident premeditation, or taking advantage of superior strength.

      In this case, Cariaga could be guilty of murder if we can prove beyond reasonable doubt that he has employed any or all of the circumstances above.

      In looking whether there was evident premeditation, we could say that it is doubtful that there was since he only threatened to “hurt him should they meet”. The prosecution could also argue that since there was ample time for him to abandon his plan to hurt the boy, it is evident that the element of premeditation was present. However, the outcome might have been different if he just punched the boy in the arm or in any part of his body that could not have caused any serious injury. But because he is only young himself, and is largely occupied by his emotions, he could not have known that hitting a person in the head would result to fatal injuries in addition to the fact that the boy did not die in the scene of the crime. Thus the law could see that there really was no intent to kill and the act could easily be classified as manslaughter. 

      In looking whether Cariaga employed superior strength to subdue the boy, it was clear that he did by bringing two other young men with him. However, in order to prove that superior strength played a role in the death of the boy, we have to know whether superior strength was the key element why the boy died, meaning, the boy died because two other persons were holding him down while Cariaga struck him, or he could not have defended himself because there were just too many of them.

      If we are going to look at the cause of death, it revealed that a blood clot was found in his brain. However, this fact can easily be discredited since a blood clot could have been caused even if it was a little girl who struck him in the head. It can also be argued that the blood clot could not have been caused during the mauling and it could have been caused by some other incidents or accidents that the boy may have had prior to or after the attack.

      But if the prosecution can directly relate the blood clot to the attack, say the blood clot was located directly below the impression of a dos por dos in the head, and that the dos por dos was proven to be the weapon used by Cariaga when he assaulted the boy, then the prosecution might still have a good case to charge Cariaga with murder if they can prove that Bagapuro did not have anything to defend himself and that the element of superior strength due to the presence of weapons was present.

      • http://profile.yahoo.com/G7AHS4SX7TZDVNZS2AQHAAKYDE Pascal C

        It could also be argued that although he had a weaker skull than the average, ‘Eggshell Skull’ means that the defendant is still liable, But as the defendant set out to ‘beat’ him, not kill him it is premeditated unlawful killing (manslaughter) (homicide in PH?), but not murder

      • Jesse_Bruce_Pinkman

        If any sort of premeditation was present, which resulted to the death of the victim during the assault itself, it is qualified as murder.

        Homicide is the term used in any event where an individual participates in causing the death of another. If it is found that the assailant did not intend to cause the death of another, as supported by the absence of circumstances that suggest murder, then it is called manslaughter and carries a lesser charge.

        On the other hand, if the cause of death was determined to involve circumstances that suggest intentional killing, then the case is murder.

        Unless it is determined whether it is one or the other, the term used is homicide, as in, he is guilty of manslaughter or guilty of murder, but not guilty of homicide.

      • http://pulse.yahoo.com/_PM6JHCFR2KT2AURMWRDUXBNLQY Darwin

        You are rationalizing it at the level of trial. For purposes of probable cause, the circumstances you mentioned are sufficient for purposes of an indictment. Better to charge for murder and plea bargain later. If the suspect is allowed bail with the overwhelming evidence against him, I guarantee you he will disappear. No more justice for the victim. Besides, he intended to hurt the 13 year old. Why spare him the suffering? Let him rot.

      • Jesse_Bruce_Pinkman

        Of course we always have to file the maximum charge, in this case, murder to render it unbailable. But we also have to look at the scenario where there was a lack of probable cause for the assailant to commit murder.

        If Cariaga really wanted to kill the victim, he would have killed him then and there as what the circumstances have afforded him, being in a situation where he could have easily exploited his superior strength. But he let the boy lived, without any intervention, probably thinking that he has merely accomplished his purpose of giving him a lesson, so to speak.

        The defendant can argue that he did not murder the boy and may be spared from the murder verdict. But if the prosecution can establish that superior strength was employed and that it has set the stage for the boy to be unable to cover and protect his head while he was being struck, as what would normally be the reaction when someone is being mobbed, like, the two other young men have held both of his hands while the assailant struck him in the head, then there is a good chance that Cariaga might be guilty of murder.

        Yes, indeed, the burden of proof falls on the prosecution. And unless they can employ a forensics expert, it might be difficult for the judge to pass a guilty verdict of manslaughter, let alone murder, considering that the boy only suffered from “slight physical injuries”, which is quite disconcerting, really, why the charge was not even “serious”.

      • http://pulse.yahoo.com/_PM6JHCFR2KT2AURMWRDUXBNLQY Darwin

        I get where you are coming from. and you are likely correct in the final outcome.

  • http://pulse.yahoo.com/_L7PILUDK6IPFGJLJNCM2IROCRY Albin

    sana kung “wew” ang post, siangot na lang ng “di nga”.

  • http://profile.yahoo.com/JKS7Y3WBUOJPOMTYPCRXSKW7KM Franzeline Perdubal

    wew. weewit.

  • batangpaslit

    pambihira naman itong court officers….bobo na, tamad pa. patay na nga yong bata, pinapalabas pang civil case ang nangyari.
    duda ko, kamag-anak ng Prosecutor ang nambugbog
    ang mga tamad na mga opisyales ng korte, tanggalin sa trabaho. salot sila sa justice system ng bansa

    • VoxPopuli888

      do you know what you are talking about? Murder/homicide/physical injuries are not civil cases. They are criminal cases (which by law comes with a civil aspect). What the prosecutor initially filed was a criminal case for physical injuries, kasi nung sinampa ang kaso, buhay pa ang biktima. Pero nung mamatay na ang bata, the charge was recommended to be  upgraded to murder or at the very least, homicide. That is called supervening event, and the law allows that. Ibig sabihin, dahil namatay ang biktima, kahit physical injuries lang ang unang nai-file (dahil buhay pa nga ang biktima noon), pwedeng baguhin ang isinampang kaso at itaas ito sa murder o homicide kung namatay ang biktima (kagaya ng nangyari sa kasong ito).  Kung kamag-anak ng prosecutor ang nambugbog, hindi nya ito irerekomendang itaas ang kaso sa murder o homicide dahil mas matagal ang kulong sa mga kasong ito kesa sa physical injuries.

      Walang kapabayaan ang korte o ang prosecutor.   Ang prosecutor ay hindi Korte. Ang prosecutor ay bahagi ng Department of Justice na nasa ilalim ng executive branch ng government. Sa ating pamahalaan, tatlo ang major branches ng government: ang executive branch (yun yung pinamumunuan ni Pnoy kasama ang mga iba’t-ibang Department), legislative branch (ang Senado at Kongreso)  at judiciary (kung saan napapabilang ang mga korte). ang tatlong ito ay  ay magkahiwalay ang kapangyarihan. Yun ang tinatawag na separation of powers. 

      • batangpaslit

        Tsong, ano ba ang sinabi ko? Sinabi ko bang civil case ang pag patay?
        Ano ba pag intindi mo nang “court officers”?
        Ikaw yata ang walang alam. Read again my postings.
        I worked for seven years to one of the best law firm in the Philippines before I migrated 25 years ago, hence, I am familiar about the nature of legal cases in the old homeland; unless there were changes made.

      • PitongGatang

        as per Wikepedia :
         Criminal law is the body of law that relates to crime.
        It is the body of rules that regulates social conduct that proscribes
        threatening, harming, or otherwise endangering the health, safety, and
        moral welfare of people. Criminal law also sets out the punishment to be
        imposed on people who violate these laws. Criminal law differs from civil law, whose emphasis is more on dispute resolution and victim compensation than on punishment.

  • http://www.facebook.com/profile.php?id=100000532465679 Donardo Cuago

    FACEBOOK…NKKMATAY!

  • iduniq

    I don’t see the logic why we have to categorize cases like this as murder or homicide basing on intent to kill.  For me if there’s a criminal intent and the act resulted in death eventhough the culprit did not plan to kill, the case should be murder. For example a man threw a stone into his neighbors glass window to do some damage but unfortunately a child died who was hit by the thrown stone. This should be murder not homicide. I think the gravity of the result should be considered and not the gravity of the offense so as to give justice to the victim. Also it is a deterrent to criminals that whatever be the result of their crime will be their corresponding penalty. Categorizing homicide due to negligence against murder I think is correct.

    • Jesse_Bruce_Pinkman

      There was a study, I could not exactly remember what it was, but it revealed that any form of punishment, be it capital or not, does not correlate to any changes in the number of crimes or does it pose as a deterrent to committing crimes.

      The only real reason why people commit such acts is that they let themselves be carried away by their emotions. So is the young man here, who by the way we can safely call stupid.

      I would really like death sentence to be imposed again. In the Philippines, majority of those who are sentenced to death row are actually guilty because they are so stupid that they were not able to exercise restraint and that they are so stupid that they could not even conceal the crime.

    • doncleo

       I can’t understand what you are saying man. Organize your thought and improve your grammar.

  • TGM _ERICK

    The initial charge was slight physical injury.  It was right at the  beginning for the victim might not have shown too much physical injuries.  But after two days  the poor boy died, the grave injury pala in internal.  no one was neglectful among the prosecutors for the parents of the dead boy was advised to raise the crime into homicide or even murder.  It is then the duty of the parents together with some police investigators to gather evidences and file the appropriate case.  I see no irresponsibility done by the court.

    Putting the boy under the proper medical care was the error of the parents.  I remember that i seldom make my only child, see a doctor but when he incurred a bump on his head for he hit the window grill when he was 3, i immediately took him to the hospital to scan if he had internal  injury .  with mild fever, colds and cough, i do the medication myself.  Kasi medication diyan ay reliever lang. He s now 24 years old.  Hindi ako iyong mother na walang kibo’t doktor.  I observe minor sickness for 5 days.  Kasi, tatanungin ng doktor, ilang araw nang may ubo. Pag sinabi nating 5, ordinary cough syrup ibibigay. pag sinagot nating isang buwan , paeexray kung pwede at didiagnose na may complex iyong similar to TB but among children iyong complex.

  • dequis

    murder iyan,may banta at tinupad ang banta at tuluyang namatay syempre murder. malupit ang mga iyan ah, 13year old pa ang biktima, tama na sanang binatokan o piningot na kabg sa tenga. babagohin ng abugado ang kaso nyan sa principiyong supervening event ba tawag doon.

  • Lee Paul

    ban harmless comments,

    for the good of the chirren.

  • simonibarra27

    Like!

  • http://profile.yahoo.com/36O4ZGE5JY24XE4XQOXBM6O4WE Klepto

    Wew

  • $20722540

    marami ng mapasubo sa fb na yan.  the other issue here is what the doctors have done at the hospital (no name given) in el salvador.  what a tragic incident!   this is where the gov’t resources should focus on improving the healthcare needs of the people.

    • http://pulse.yahoo.com/_HPGUIIJ44DMCSONOPI4JAEMUZM lex

      i agree with you, but the government is thinking of privatizing the government hospitals, those are the ideas of abnoy et el!

  • http://profile.yahoo.com/FFSZ7TIZZG47FYQFAZFIGYXKPM Pers

    bata 13 years old compare 18 years old anong klasing tao ito bata pinatulan.

  • GreenGuy78

    This is a sad/terrible story, and that 18 year old (adult) should be severely punished for attacking a 13 year old kid.

    But seriously, “mauled”?  Definition of maul: “to wound by tearing or scratching.”  That is not the correct word to use here, even as horrible as this was.

    The sensational titles need to stop for the sake of journalistic integrity.  Everything these days seems to be all about how to get more views, and it isn’t a healthy trend.

    • http://pulse.yahoo.com/_ED2VKJ73X7565JLUSMZKHGCOWY nag

      1. To injure by or as if by beating: The boxer mauled the other fighter. The critics mauled the novelist’s first effort.

    • http://profile.yahoo.com/P4PIU2AIGVXJNQ4UBH5X64MSFE mr

      Dapat sa taong to torture by water boarding tapos, itapon na lang bangkay sa dagat. Di na dapat tumatanda mga ganyang tao sa mundo. Walang puwang na mabuhay.

  • Komen To

    The boy is poor and could only afford pain reliever. The doctor could have saved his life by requiring routine tests. Maybe the government has no budget for that. If he needed condom or pregnancy pills, maybe the government has budget.

    But seriously, the killer threatened and killed the boy by his action, hence it is murder. If the victim didn’t get the medical services while still alive, hopefully he gets justice from what happened to him, now that he is dead. Calling on DSWD, PAO, children welfare, PNP and DOJ de Lima for help

    • http://profile.yahoo.com/FFSZ7TIZZG47FYQFAZFIGYXKPM Pers

      KASALANAN NI NENE PEMINTEL NA DEVOLVED ANG HOSPITAL SA LGU

    • http://profile.yahoo.com/LUHEGTEQVPMLUVGCH64YGZ5QJM Jury

      abangan natin ang mga susunod na kabanata ng kwentong ito. kelangan subaybayan para malaman natin kung maayos na nga ang hustisya sa ating bayan..

    • mamer2

      Is the Hospital and staff liable for any misconduct &/or damages…?

  • http://pulse.yahoo.com/_Y74B6RY5N37I5JG2KAFGKGFPFA F**kinMO

    Some stupid comments here blaming the hospital, the doctor, the face book, the president, WTF there is nobody here that is to blame except 18 years old boy that attack the 13 years old and he should be punished, jailed and no excused for what he had done and period no argument. 

    • mamer2

      BUT…,
      Being 18 years old…, will he be considered as a juvenile..?

  • opinyonlangpo

    It is a premeditated murder, not unless the family of the killer is influential and so maybe the case will then be dismissed. Philippine justice style.

    • mamer2

      “Selective Justice” = Justice Delayed = Philippine Justice …!

  • shots_fired

    Ano 18 years old nageselos sa 13 years old?? grabe naman napaka pangit siguro ng 18 year old na yan para pageselosan ang bata. na kelangan pang may 2 kasama para mang bugbog. Pannu ung 2 kasama ni Cariaga??

    • mamer2

      That is what is called a “Bully”…!

  • http://pulse.yahoo.com/_VPSXDLCQEZGZDJSX32G7PYHNCI Noel

    It was murder not homicide because it was premeditated. 

  • dxdaistar

    murder of course!



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