Naga boy killer acted ‘with intent’ but was he alone?
His aunt insisted the boy was innocent and asked for the National Bureau of Investigation (NBI) to review the shocking case of a minor killing his pregnant mother and half-sister.
But social workers who evaluated the 16-year-old from Naga City said he “acted with discernment” when he committed the offense last week.
Chief Insp. Timmar Alam, Naga City police chief, said the finding was based on the evaluation of the Department of Social Welfare and Development (DSWD).
This means the teenager can’t be excused from a court trial or penalty even though he’s a minor.
Under Republic Act 9344 or the Juvenile Justice and Welfare Act of 2006, “a child above 15 years but below 18 years of age shall be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment…”
The boy was charged yesterday with the special complex crime of robbery with homicide for the violence in his home in barangay Naalad, Naga City, last Thursday.
The complaint was filed by police with the Naga City Prosecutor’s Office even as the boy’s aunt, Natividad Francia, asked the NBI-7 to step into the case.
She insisted that the boy was not completely to blame and that he did not act alone.
The boy was brought before Naga City Prosecutor Napoleon Alburo for inquest proceeding yesterday morning. He opted not to file a counter-affidavit. The case will be elevated today to the Cebu Regional Trial Court.
Also charged with the same complaint was 19-year-old Bryan Pansoy, his alleged accomplice. Pansoy was given one week to submit a counter-affidavit.
The 16-year-old boy, who tried to ask money from his mother to buy liquor, admitted killing Virgindina Bantilan and his half-sister Geraldine Bantilan.
The 39-year-old Bantilan was eight months pregnant when the crime happened.
Autopsy results revealed that 5-year-old Geraldine was shot in the forehead while Virgindina was stabbed several times.
But Francia said she is unconvinced that only one person killed the mother and daughter.
“I’m confused. I can believe that my nephew killed the victims based on the evidence gathered. At the same time, I can’t believe he killed his loved ones based on his statements,” Francia said in Cebuano.
Francia said her nephew told her, “Di ko gusto mapriso kay wala koy sala (I don’t want to go to jail because I’m innocent).”
When he was asked who else were involved in the violence, the boy remained silent.
But Francia said the boy nodded when she asked if there were “several” accomplices.
The boy’s father, a seaman working for a Manila-based shipping company, is set to arrive on Thursday.
Three persons executed affidavits against the two respondents.
Mark Lester Abastas said Pansoy sold Virgindinia’s cell phone to him for P800 and the phone was in turn sold to Flordelisa Lapiz.
Cleofe Tampus, Virgindinia’s sister, identified the cell phone as belonging to the victim.
Virgindinia’s son is temporarily under the custody of the DSWD while Pansoy is detained at the Naga City Jail.
