Case Digest (G.R. No. 169533)
Facts:
George Bongalon, Petitioner, vs. People of the Philippines, Respondent, G.R. No. 169533, March 20, 2013, the Supreme Court First Division, Bersamin, J., writing for the Court.On May 11, 2000, an incident occurred in Legazpi City during a Santo Niño procession in which the minor complainant, Jayson Dela Cruz (then 12), and his brother were said to have pelted stones at the petitioner’s minor daughters and burned one daughter’s hair. The petitioner allegedly confronted the brothers, struck Jayson on the back with his palm, slapped him on the left cheek, and uttered derogatory remarks to Jayson’s family. Jayson received medical treatment and medical certificates recording contusions were introduced in evidence.
On June 26, 2000, the Provincial Prosecutor charged the petitioner with child abuse under Republic Act No. 7610, Section 10(a). At trial the prosecution presented Jayson’s testimony, his medical records, and other witnesses; the petitioner denied physical abuse, claiming he only confronted the minors to protect his daughters, and his daughter Mary Ann Rose gave testimony supportive of him.
The Regional Trial Court (RTC), Branch 9, Legazpi City, after trial found the petitioner guilty of child abuse and sentenced him (decision dated October 20, 2003). On appeal, the Court of Appeals (CA), by a decision promulgated June 22, 2005 (pened by Associate Justice Rodrigo V. Cosico, with two others concurring), affirmed conviction but modified the penalty to an indeterminate term and awarded P5,000 as moral damages.
The petitioner sought relief in the Supreme Court by filing a petition for certiorari under Rule 65 on September 12, 2005, challenging the CA’s decision; he received notice of the CA decision on July 15, 2005. The Supreme Cour...(Pro-only)
Issues:
- Was the petition properly brought as a special civil action for certiorari under Rule 65?
- Did the evidence support the conviction for child abuse under Section 10(a) of Republic Act No. 7610?
- If not, what is the appropriate criminal classification, ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)