Title
Malcampo-Repollo vs. People
Case
G.R. No. 246017
Decision Date
Nov 25, 2020
A teacher convicted of child abuse under RA 7610 for hitting, pinching, and slapping a student; Supreme Court upheld conviction, affirming physical maltreatment constitutes abuse without requiring intent to demean.

Case Digest (G.R. No. 246017)
Expanded Legal Reasoning Model

Facts:

  • Parties and Background
    • Petitioner Maria Consuelo Malcampo-Repollo was a grade school teacher at Maximo Estrella Elementary School, Makati City.
    • AAA was her ten-year-old student; BBB was AAA’s mother; PO3 Joan V. Pandoy was assigned at the Makati Central Police Station’s Women and Children Protection Desk.
  • Incident on February 20, 2014
    • Around noon, petitioner pinched and hit AAA on his back for alleged chatting, then ordered him to transfer seats.
    • Upon returning, she mistook another student tapping a pen for AAA and slapped AAA’s face. Terrified and in tears, AAA went home and reported the incident.
    • AAA and BBB filed a report at the Women and Children Protection Desk and underwent a medical examination at Philippine General Hospital, which noted an oval bruise on AAA’s left trunk.
  • Proceedings Below
    • RTC (Makati, Branch 136) convicted petitioner of child abuse under Section 10(a), Republic Act No. 7610, sentencing her to six years prision correccional to seven years prision mayor and awarding AAA Php20,000 moral, Php20,000 exemplary, and Php10,000 temperate damages.
    • The Court of Appeals affirmed the conviction but modified the sentence to four years, nine months, eleven days prision correccional to six years, eight months, one day prision mayor.
    • Petitioner filed a Petition for Review under Rule 45 before the Supreme Court.

Issues:

  • Whether the Supreme Court may resolve factual issues in a Rule 45 petition.
  • Whether the prosecution proved all elements of child abuse under Section 10(a) of Republic Act No. 7610.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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