00:00A man, a senior citizen, was arrested after a minority voted for him.
00:09The crime took place at the victim's birthday party.
00:13The accused denied the accusation.
00:16But what does the law say about this?
00:20Ask me, ask Atty. Gat.
00:22Atty., we often talk about minors who are involved in crime.
00:33But what does the law say if a senior citizen is involved in this?
00:39Is there a difference in penalties because of age or life expectancy?
00:44Well, actually, under the Revised Penal Code, there is no exemption for senior citizens from criminal liability if they committed a crime.
00:54This is not like minors who committed a crime and they are under 15 years of age unless it's a heinous crime and they acted with discernment.
01:03Although, under Article 13 of the Revised Penal Code,
01:07if an offender is 70 years old at the time of the commission of the crime,
01:13this can be a mitigating circumstance and his penalty will be lowered.
01:19So, he is not exempted, but the year of imprisonment can be lowered a little.
01:24Under our law, those who are already serving their sentences,
01:28and they are under age, actually, more than 70 years old,
01:32and they have served at least half of their sentence,
01:35especially if they have a disease or other feelings,
01:38they can be eligible for pardon or presidential clemency.
01:43Pardon or executive clemency means that they are forgiven and can be released.
01:49But this should be discussed by the President upon the recommendation of the Board on Pardons and Parole.
01:56So, there is really an effect sometimes on being a senior citizen.
02:01Not 60 years old, but 70 years old is the threshold age.
02:05Anyway, in this case, the victim is a minor.
02:08Does the case become heavier if the offender is a minor?
02:12Actually, in many cases, we can say that the case becomes heavier if the victim is a minor.
02:18For example, in the crime of kidnapping, if the victim is a minor, the penalty really increases.
02:24In the crime of rape, if the offender is a minor less than 16 years old,
02:31even if this is consensual, the offender is guilty of statutory rape.
02:36If the offender is a minor, but 16 years old,
02:39the offender may be charged for qualified or simple seduction.
02:43In the case of a minor less than 16 years old,
02:48the penalty is heavier than if the offender is a senior victim.
02:53Because if the victim is 16 years old, the penalty is 6 months to 6 years in prison.
02:59But if the victim is less than 16 years of age,
03:03the penalty becomes 14 years, 8 months, and 1 day to 17 years in prison.
03:09So, we really should not victimize our youth.
03:14Of course, we know that there is a law against child abuse or our Republic Act 7610
03:21that prohibits any physical, emotional, and psychological abuse to our youth.
03:28In short, what we can say is that the elderly should set a good example to our youth and take care of them.
03:38And we should make our youth look older than them.
03:44In any case, we will make it clear to the lawmakers.
03:48For peace of mind, don't think twice.
03:52Ask me, ask Atty. Gabby.
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