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| Berna Espina at DSWD Bacoor. Image credit to The Philippines News |
A baby girl who
was physically abused by her Father’s live-in-partner went viral on the social media;
it started shock among huge number of netizens in the world. Berna Espina is
the identified suspect, she is a resident of Bacoor City her age was still not
verified, however, some people guaranteed that she is still a minor, but most
reports asserts that she is as of now 19 years of age and already liable for
committing child abuse.
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| Image credit to The Philippines News |
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| Image credit to The Philippines News |
This issue went
viral after Ella De Vera the aunt of the victim posted a video of her niece who
is suffering from bruises on her face and wounds all over her body, the victim
also got a bone fracture from the suspect. Melvin De Vera the Father of the
victim was also mentioned by Ella for letting his live-in-partner abuse his child
who is still in the hospital during that time.
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| Image credit to The Philippines News |
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| Image credit to The Philippines News |
A huge number of
people constantly requested the authorities to chase the suspect who is living
in Cavite.
Espina has been
arrested by the Barangay authorities two days after the issue went viral, she
was immediately questioned by the Department of Social Welfare and Development
to know the consequences of what she did to the child.
As indicated by
Jomer Evas Asas a concerned citizen, law graduate, “Revised Penal Code, Art.
12, in connection with Section 6 of R.A. 9344 say that a minor can be
completely exempted from criminal obligation if he's 15 years of age and below.”
Yet in the case of
Berna Espina, despite being a minor she can still be held liable for her
crimes.
According to Asas,
“If the minor is over 15 years old and below 18 years old, he or she can be
criminally liable if the said minor committed the crime with discernment.
Discernment is that the mental capacity of a minor to fully appreciate the
consequences of his unlawful act.”
He also said that,
“The court can decide whether he or she acted with discernment during the
commission of the crime based on the acts in the said crime. If the court found
her to be guilty, the sentence will be suspended and will be imposed when she
reaches the age of 18.”
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| Image credit to The Philippines News |
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| Image credit to The Philippines News |
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| Image credit to The Philippines News |
Asas also believes
that Espina was completely mindful of the crime that she committed against the
child of her live-in-partner.
“The defense of
minority is not absolute. You can’t rely on your minority to defend your
horrendous act of brutality unto this child. I hope and pray that this piece of
human filth will be behind bars and hopefully will be reformed,” Asas said.
For violating Republic
Act No. 7610 or the Special Protection of Children against Abuse, Exploitation
and Discrimination Act the suspect can be put in prison. Any person who shall
be found guilty of the above law shall suffer the penalty of prison mayor in
its minimum period or imprisonment ranging from six (6) years and one day to
twelve (12) years (Section 10(a), Republic Act No. 7610).
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Source: www.pinoytrend.net
