Van kills 10-year-old boy inside Ateneo campus

[oliver1013]

The imposable penalty, under Art. 365 (2) of the Revised Penal Code, homicide resulting from reckless imprudence in the use of motor vehicle is prision correccional in its medium and maximum periods, which ranges from two (2) years, four (4) months and one (1) day to six (6) years. Under Article 65 of the Revised Penal Code, the penalty shall be divided into three equal portions of time, each of which shall form one period. There being no aggravating or mitigating circumstance, the proper penalty shall be within the medium period, which is three (3) years, six (6) months and twenty-one (21) days to four (4) years, nine (9) months and ten (10) days. Applying the provisions of the Indeterminate Sentence Law, accused is entitled to a minimum term to be taken from the penalty next lower in degree, which is arresto mayor, maximum to prision correccional, minimum. Accordingly, accused should be sentenced to an indeterminate penalty of four (4) months and one (1) day of arresto mayor, as minimum, to four (4) years and two (2) months of prision correccional, as maximum.

So, mga 4 months to 4 years ang kaparusahan ni Ms. Torres kung macoconvict. Kaya naman gusto ng mga magulang ng biktima maging intentional tulad ng murder. Possible prosecution theory is that while there was first an accident due to the manifested negligence of Ms. Torres, she (similar to the thinking of bus drivers that accident victims are cheaper dead than alive) thought of avoiding the more expensive consequence and stepped harder on the accelarator to ascertain the death of the victim. And for this reason there was evident premeditation qualifying the homicide to murder.

Medyo long shot, but if the fiscal buys it, she will not only face a longer prison term but could be detained right away and held indefinitely without bail.

If this happens, the more miserable victims will be the minor children of Ms. Torres who would live a life of hell.

On the other hand, if Amiel is in heaven, as we believe he is, then he is now enjoying the presence of his Maker where the streets are gold and there are no sadness nor pain. And he won't have to suffer the injustice and corruption of this world.

In a way, we can envy him and pity the Torres kids.

Ganda ng banat mo ser, syang sya

[ab_initio]

Medyo long shot, but if the fiscal buys it, she will not only face a longer prison term but could be detained right away and held indefinitely without bail.

just my take on this, Sir. allow me to tread on the prerogative that exclusively belongs to the court.

the right to bail of every accused is the general rule. denial of this right requires two things...1. the accused must be indicted for an offense punishable by reclusion perpetua; and, 2. the evidence of guilt must be strong.

if the victim's death was brought about not by negligence, surely an intention must be present for the death to be taken out from the purview of reckless imprudence.

trying to consider evident premeditation, this qualifying circumstance must precede the act that brought about the taking of the boy's life. that is, from the moment that she had shown the overt act of stepping the accelerator. the premeditation must be present before the act, buttressed during the act and carried over to consummation. and not an afterthought to evade a greater economic responsibility. if it's gonna be the latter, then, i believe it's homicide.

by and large, my humble opinion suggests that it still is, reckless imprudence resulting to homicide and serious physical injuries.

moreover, she is entitled to bail herself out for a temporary liberty.

[Horsepower]

Seeing TV news footage earlier, I can't seem to see any sign of regret from the suspect.

This is a dilemma because it's either we think of the suspect's children (because she's a single mother) or we think of the kid killed by her and the other victims hurt by her recklessness. She drove very fast and crashed into several other cars. Amiel's head was mashed by the wheel of her car. Such a painful way to die for such a cheerful kid.

I don't buy the "something went wrong with the vehicle" because at that pace, it's easy to do a pedal brake + handbrake & turn off the engine regardless of defect. Anyway, I don't really know because I'm always on high alert because accidents like this can ruin your life so I tend to always be paranoid-careful esp in places where there are many people.

Showing genuine regret would've made this case so much easier to resolve with high probability of no prison time for the suspect because Mr. Pepe seems to be an easy going guy. Easy to talk and deal with. But the suspect maybe just doesn't feel any remorse for what happened.

To think that none of this would have happened if she only chose to be the one to fetch her son...

Oh how clear things are in hindsight.

Please drive safely especially near places of high pedestrian volume.

[carbomb]

basta, nakapatay siya kaya dapat makulang lang siya period! kayo ba kaya niyong mapatawad ako at hayaang makawala sa kulungan kung sakaling mapatay ko rin mga anak niyo accidentally?

[ooba99]

basta, nakapatay siya kaya dapat makulang lang siya period! kayo ba kaya niyong mapatawad ako at hayaang makawala sa kulungan kung sakaling mapatay ko rin mga anak niyo accidentally?

Kung aksidente at hihingi ka ng tawad, bakit hindi?

Kung aksidente at maangas ka pa.... pag-iisipan ko pa rin, baka sakali.

[ooba99]

[quote=Horsepower;1210667]Seeing TV news footage earlier, I can't seem to see any sign of regret from the suspect. [quote]

Actually that is the problem. The reason why the Alcantaras pushed through with the court case is the perceived arrogance that Mrs. Torres has displayed, as I was informed from the inner circle. She has not shown remorse over the incident and insists that it was pure accident. Oh, well, in this case, I do not blame the Alcantaras if they decide to push the litigation to the end.

[4wrider]

Since the case is now a subject of litigation, most likely what both parties say or do are under the direction of their respective lawyers. These lawyers rehearse their clients on what to say publicly and advise them on what to wear both with clothes and facial expressions.

While I understand the feeling of not being able to forgive the perpetrator/killer of one's child, I must reconcile it with the teaching of the Lord that for us to be forgiven we must forgive other. If not, our almost daily recital of Ama Namin or Lord's Prayer had been in vain. Or is it because that's the norm of the messages we are getting from the pulpit nowadays, priests and pastors alike crying for vengeance in the name of reform.

[thebat]

Is there any updates on the case?

[BratPAQ]

most probably settlement yan. now it's up to the Alcantara family if they want the mom jailed + settlement.

sa pagkakaalam ko, ayon sa mga napapanood ko na teleserye at pelikula, wala na sa magulang ng bata kung kakasuhan nila ang nakapatay o hindi, its people of the philippines vs torres na ito. correct me if im wrong.

[ooba99]

I recently attended the orientation for parents of the middle school at the Ateneo Grade School where my son studies. He is in grade 4 now. Of note was the extended time given to the Head of the Security (newly appointed?) of the school to discuss the new traffic scheme around the grade school area.

There are more pick-up points now for the children and the children do not have to cross the street to get into their fetching vehicle. They are now strictly implementing a use of the pedestrian lanes which are prominently painted and visible. They also modified the dismissal time of the different grade level so to decrease the volume of children being fetched at one time. Yet to be installed is a PA system that will monitor and supervise the flow of traffic in the area. These are the ones that I remember among others.

All these are welcome changes that parents of the grade school children desire that are now happening.

Another problem that I still see is the volume of vehicles that go into a very limited area. If only the use of school buses will be advocated by the parents for their children I think this will partly help in solving the problem.

Haay, bakit kailangan pang magbuwis ng buhay (Amiel) para gumalaw sila at mag-isip iresolba ang napakatagal ng problema ng Ateneo. Subali't salamat na rin at may ginagawa na. Panalangin ko, wag na sanang maulit pa ang nangyaring trahedya.