THE Department of Justice (DOJ) said it is supporting the recommendation to press charges against PSSg Arla Ray Pacencia over alleged failure to properly secure her service firearm that was used in the deadly shooting at San Jose National High School in Tacloban.
The Tacloban City Prosecutor’s Office recommended the filing of a case for reckless imprudence resulting in multiple homicide and physical injuries against Pacencia.
The DOJ said on Tuesday that the recommendation was issued on Aug. 20, following a preliminary investigation into the complaint filed by parents and students of San Jose National High School.
The corresponding information will be filed before the Family Court of the Regional Trial Court of Tacloban City, it added.
The government-issued firearm became a major accountability question in the aftermath of the attack: how a minor was able to gain access to a service firearm and bring it into a school where it was allegedly used against students.
Under Article 365 of the Revised Penal Code, reckless imprudence may arise when a person, without malice, performs or fails to perform an act that results in a wrongful consequence because of inexcusable lack of precaution.
The case against Pacencia is separate from the criminal proceedings involving the “child in conflict with the law” (CICL) who was allegedly responsible for the shooting itself.
DOJ spokesman Polo Martinez said that the term CICL refers to an individual accused of an offense under the country’s penal laws who was below 18 years old at the time the alleged offense was committed.
The Supreme Court’s 2019 Revised Rule on Children in Conflict with the Law was issued following the enactment of Republic Act (RA) 9344, or the Juvenile Justice and Welfare Act of 2006, and its amendment, RA 10630.
The rules emphasize the State’s policy of applying restorative justice in laws, policies and programs involving children in conflict with the law. The framework also seeks to ensure that children accused of offenses are dealt with through procedures appropriate to their age and circumstances, rather than treated in exactly the same manner as adult offenders.
Under these rules, the Tacloban shooting suspect as a CICL does not by itself establish guilt. It is a legal classification based on the person’s age at the time of the alleged offense and the fact that the person is being accused of violating a penal law.
