G.R. No. 204659 - Mabunot vs. People

Petitioner Jester Mabunot was charged with violation of Republic Act No. 7610, Article VI, Section 10(a) for child abuse.
The incident allegedly occurred on September 14, 2007, at Paracelis National High School, Mountain Province, where petitioner boxed Shiva Baguiwan, a 14-year-old minor.
The boxing caused Shiva to lose consciousness and resulted in a fractured rib.

The RTC of Bontoc, Branch 36, convicted petitioner on April 15, 2010, sentencing him to four (4) years, nine (9) months, and eleven (11) days of prision correccional to seven (7) years and four (4) months of prision mayor and ordering payment of P25,000.00 as temperate damages.
The prosecution presented witnesses including the victim Shiva, her mother Mercy Baguiwan, classmates Melanie Lipawen and James Aquino, PO2 Naida Dumjalan (Women and Children’s Desk Officer), and Dr. Jessie Guimbatan (medical doctor).
Evidence showed petitioner was under the influence of alcohol and engaged in a violent rampage, boxing several classmates including Shiva, who was seriously injured and hospitalized for two days.
The defense presented petitioner, teacher Consolacion Saludo, Dennis Kenept (classmate), and Eva Joy Malindao (student) as witnesses.
Defense witnesses testified to a fist fight between petitioner and Dennis, with Shiva allegedly shoved and fell while trying to pacify the fight, disputing petitioner’s deliberate intent to harm Shiva.

Petitioner appealed, asserting that injury to Shiva was accidental during a fist fight and that Article 265 of the Revised Penal Code (RPC) on less serious physical injuries should apply, not R.A. No. 7610.
On April 20, 2012, the CA affirmed conviction but modified the penalty to four (4) years, nine (9) months and eleven (11) days of prision correccional to six (6) years, eight (8) months and one (1) day of prision mayor and awarded actual damages of P18,428.00 instead of temperate damages.
The CA found the RTC properly assessed credibility; prosecution witnesses Melanie and James positively identified petitioner as the offender, while defense witnesses’ testimonies were found incredible or unclear.
The CA emphasized R.A. No. 7610’s protection of children against abuse and its imposition of stiffer penalties, applying the proper penalty under the special law rather than the RPC.
A motion for reconsideration by petitioner was denied by the CA via Resolution on October 29, 2012.

Whether the injury inflicted on Shiva was intentional and deliberate.
Whether the penalty imposed under Section 10(a) of R.A. No. 7610 should apply instead of Article 265 of the RPC for slight physical injuries.

The Office of the Solicitor General supported the upheld conviction, emphasizing the probative value of the prosecution’s eyewitness testimonies.

Whether the injury inflicted on Shiva was intentional and deliberate to constitute child abuse under R.A. No. 7610.
Whether the penalty under Section 10(a), Article VI of R.A. No. 7610, rather than Article 265 of the RPC, applies to petitioner’s act of boxing Shiva causing physical injury.