Case Digest (G.R. No. 206808-09)
Facts:
Pascua v. People, G.R. No. 240883, April 26, 2023, Supreme Court Third Division, Caguioa, J., writing for the Court. Petitioner is Luzviminda Pascua y Bulan (teacher and aunt of the victim); respondent is the People of the Philippines.On March 2, 2011, then 12-year-old DDD, a Grade 6 pupil, alleged that his class adviser and aunt, Pascua, pinched, tapped and slapped him during the school flag ceremony, causing an abrasion (linear, 2 cm) on the upper left arm and localized tenderness on his right lumbar and right scapular regions. A medical certificate issued by Dr. Pelagia A. Abbago on the same day documented the abrasion and tenderness and noted five days of medical attention. DDD’s parents reported the incident to police on March 7, 2011; sworn statements were signed March 10, 2011, and a criminal complaint was filed March 14, 2011. The Information, dated September 17, 2012, charged Pascua with violation of Section 10(a), Article VI of R.A. 7610 (child abuse by physical abuse and cruelty). Pascua pleaded not guilty.
At trial the prosecution presented DDD, his mother (VVV), father (LLL), and Dr. Abbago. DDD and his parents testified to the pinching/slapping incident in front of assembled pupils and faculty, and to the subsequent medical examination and parents’ visit to Pascua’s classroom. Pascua admitted laying hands on DDD, characterizing the contact as slight discipline to correct unruly behavior.
The Regional Trial Court (RTC), Branch 18, City of Ilagan, Isabela, convicted Pascua in a Judgment dated December 16, 2015 for child abuse under Section 10(a) of R.A. 7610, sentencing her to an indeterminate term (four years, two months, one day to six years, eight months, one day) and awarding moral, exemplary and temperate damages of P20,000 each. Pascua appealed.
The Court of Appeals (CA) affirmed in a Decision dated January 30, 2018, holding that the acts debased, degraded or demeaned the ch...(Subscriber-Only)
Issues:
- Did the Court of Appeals commit reversible error in affirming Pascua’s conviction for child abuse under Section 10(a) of R.A. 76...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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