Case Digest (G.R. No. 262122)
Facts:
Rowena B. Plasan v. People of the Philippines, G.R. No. 262122, October 23, 2023, Supreme Court Second Division, Lopez, J., writing for the Court. Petitioner Rowena B. Plasan (Rowena) sought review of the Court of Appeals’ Amended Decision affirming with modification the Regional Trial Court’s conviction for violation of Section 10(a) of Republic Act No. 7610.An Information charged Rowena with having willfully, unlawfully and feloniously committed emotional abuse upon a 16‑year‑old girl (identified in the records as the private offended party) by making publicly humiliating remarks implying the child had undergone an abortion. Rowena pleaded not guilty. At trial the prosecution presented four witnesses including the victim and an eyewitness (Jaja); the defense presented Rowena and two witnesses who testified to Rowena’s presence at work. The RTC, after assessing credibility, convicted Rowena and sentenced her to six years and one day to eight years and eight months imprisonment and awarded PHP 25,000 as moral damages.
Rowena appealed to the Court of Appeals (CA). The CA denied her appeal in its March 25, 2021 Decision, finding her utterances made in the presence of the child were intended to debase and humiliate her and rejecting Rowena’s alibi/physical impossibility defense. On reconsideration the CA issued an Amended Decision dated June 21, 2022 modifying the penalty by applying the Indeterminate Sentence Law and imposing six years and one day to eight years imprisonment.
Rowena filed a Petition for Review on Certiorari under Rule 45 to the Supreme Court, raising (1) that she cannot be punished under R.A. No. 7610 where the conduct falls under the Revised Penal Code (RPC); (2) that Section 10(a) requires proof of intent to debase, degrade or demean and that such intent was not proven; and (3) that the Indeterminate Sentence Law was misapplied. The Office of ...(Subscriber-Only)
Issues:
- May Rowena be punished under Section 10(a) of R.A. No. 7610 when the acts complained of fall under the Revised Penal Code?
- Does Section 10(a) of R.A. No. 7610 require proof of an intent to debase, degrade, or demean the intrinsic worth of the child, and was such intent proven here?
- Did the Court of Appeals impose the correct penalty and, if no...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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