G.R. No. 240883 - Pascua vs. People

Luzviminda Pascua y Bulan (Pascua), the petitioner, was charged with child abuse under Section 10(a), Article VI of Republic Act No. 7610 (R.A. 7610), known as the "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act."
The Information charged Pascua with willfully, unlawfully, and feloniously causing injuries on the person of DDD, a minor aged nearly 13 years old, by pinching the shoulders and slapping the minor's back, causing abrasion and tenderness prejudicial to the child's interest and development.

The incident happened on or about March 2, 2011, at AES school in Ilagan, Isabela.
DDD, a Grade 6 pupil and nephew of Pascua (class adviser and aunt), arrived late for the flag ceremony.
While the national anthem was being sung at around 7:45 a.m., Pascua pinched DDD’s back, right near his ribs and the lower left side.
After the anthem, Pascua confronted DDD again, pinching his upper back and slapping his upper arm, in front of school personnel and students.
VVV, DDD's mother, witnessed the incident from a nearby parked tricycle and cried; she later left the school and went home.

VVV and LLL (DDD’s father) went to Pascua's classroom to inquire about the incident; Pascua told them to leave, calling them trespassers.
Pascua gave DDD's school card with the advice to seek mayor or barangay captain’s help for good grades.
DDD was sent to seek another teacher.
The mother took DDD to Dr. Pelagia A. Abbago for medical examination on March 2, 2011.
Dr. Abbago diagnosed an abrasion (linear 2 cm) on the left upper arm and tenderness on the right lumbar and scapular region.
DDD needed five days of medical attention.
On March 7, 2011, VVV reported the incident to the police; sworn statements were signed on March 10.
The complaint against Pascua was filed on March 14, 2011.

On arraignment, Pascua pleaded not guilty.
The trial included testimonies from DDD, VVV, LLL, and Dr. Abbago, supporting the prosecution's case.
Defense admitted some physical contact but justified it as minor discipline for DDD’s unruly behavior during the anthem.

The Regional Trial Court (RTC) found Pascua guilty beyond reasonable doubt of child abuse and sentenced her to 4 years, 2 months, and 1 day to 6 years, 8 months, and 1 day imprisonment, ordering damages in favor of DDD.
The Court of Appeals (CA) affirmed the conviction in toto.

Whether the Court of Appeals erred in affirming Pascua’s conviction for child abuse under Section 10(a) of R.A. 7610 despite the absence of proven cruelty or intent to debase, degrade, or demean the child.

Whether Pascua’s acts of pinching, tapping, and slapping were justifiable disciplinary measures or constituted punishable child abuse.

Whether Pascua should be convicted of slight physical injuries instead of child abuse.