Case Digest (G.R. No. 246017)
Facts:
Maria Consuelo Malcampo-Repollo v. People of the Philippines, G.R. No. 246017, November 25, 2020, Supreme Court Third Division, Leonen, J., writing for the Court.
Petitioner Maria Consuelo Malcampo-Repollo was a grade school teacher at Maximo Estrella Elementary School charged by information with child abuse under Section 10(a) of Republic Act No. 7610 for allegedly “hitting, pinching and slapping” her ten‑year‑old student, AAA, on February 20, 2014 in Makati. The Information alleged these acts caused extreme fear and prejudiced the child’s normal development.
At trial the prosecution presented AAA, his mother BBB, and PO3 Joan V. Pandoy (Women and Children Protection Desk). AAA testified that Malcampo‑Repollo pinched him on the back, hit him, and later slapped him in class; he left crying and told his mother. BBB reported the incident to police and secured a medical certificate noting an oval bruise on AAA’s left trunk; the medico‑legal officer who prepared the certificate did not testify. The defense called petitioner and Julie Ann Bacayo (a classmate), and offered a principal’s certification of petitioner’s good moral character. Julie Ann testified she — not petitioner — pinched AAA; petitioner denied hitting, slapping, or pinching him and explained she had been away painting classroom materials and had instructed a student monitor to report misbehavior.
The Regional Trial Court, Branch 136, Makati (Presiding Judge Rico Sebastian D. Liwanag), in a May 2, 2017 decision convicted Malcampo‑Repollo of Other Acts of Child Abuse under RA 7610 and sentenced her to prision correccional to prision mayor, awarding moral, exemplary and temperate damages. The RTC gave credence to AAA’s testimony and the medical certificate, disregarded the principal’s character certification as unrelated, and held that medico‑legal testimony was not required to show physical and emotional maltreatment.
On appeal, the Court of Appeals (Special Seventeenth Division) affirmed the conviction but modified the penalty in its October 24, 2018 decision; it found AAA credible, held that the prosecution need not prove prejudice to the child’s development where the charge was physical abuse, and deemed Julie Ann’s...(Pro-only)
Issues:
- May the Court resolve the factual issues raised in a Rule 45 petition for review on certiorari?
- Did the prosecution prove beyond reasonable doubt the elements of child abuse under Section 10(a) of Republic Act No. 7610 as charged in ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)