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RESOLUTION ON MOTION FOR RECONSIDERATION

RESOLUTION ON MOTION FOR RECONSIDERATION

xxx | 1950-04-12

TUASON, J.:

This is a motion for reconsideration of our decision.

The main theme of the Solicitor General's argument is that articles 13 (2) and 68 (2) of the Revised Penal Code "complement each other ;" that "the application of article 68 takes place only when the court has to render judgment and impose a penalty upon a minor who has been proceeded against in accordance with article 80 and who has misbehaved or is found incorrigible," and that "article 80 must be applied first before article 68 can come into operation, and the court can not apply the latter article in total disregard of the former." In short, as we infer from this line...