Case Digest (G.R. No. 271940)
Facts:
The case involves XXX271940, the petitioner and accused, who was charged with child abuse under Section 10(a) of Republic Act No. 7610. On the morning of July 13, 2017, in a municipality within the Philippines, XXX271940 allegedly rushed into his residence carrying a bolo, closed the kitchen door, and caused his eight-year-old daughter AAA271940 to feel the impression that he intended to rape or sexually assault her. The victim managed to escape and recounted the incident and previous abuse to her mother, CCC271940. The prosecution presented testimonies of the victim, the victim's sister BBB271940, and Dr. Hazel Eiza C. Soriano-Biclar, who conducted a psychological evaluation confirming trauma on the victim. XXX271940 pleaded not guilty and waived his right to present evidence. The Regional Trial Court (RTC) found him guilty beyond reasonable doubt, sentencing him to imprisonment and ordering payment of moral damages. The Court of Appeals (CA) affirmed the RTC decision. XXX27194Case Digest (G.R. No. 271940)
Facts:
- Nature of the Case
- The case arose from an Information filed against XXX271940 (petitioner), alleging child abuse under Section 10(a) of Republic Act No. 7610.
- The Information charged that on July 13, 2017, in the Municipality of xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, petitioner, being the father of an 8-year-old minor (AAA271940), intentionally rushed into their residence carrying a bolo, closed the kitchen door, thereby giving the child the impression that he intended to rape or sexually assault her.
- The accused pleaded not guilty during arraignment.
- Trial and Evidence Presented
- The prosecution presented three witnesses:
- The victim, AAA271940.
- The victim's sister, BBB271940.
- Dr. Hazel Eliza C. Soriano-Biclar, a psychiatrist who conducted a clinical interview and psychological examination of the victim.
- Testimony of AAA271940:
- At around 9:00 a.m. on July 13, 2017, she was preparing feeds for pigs when her father entered carrying a bolo and closed the kitchen door.
- She fled upon seeing the weapon as she feared harm or sexual assault, mentioning it would have been her fifth rape by her father had she not escaped.
- She sought help from a neighbor and then narrated the incident to her mother, including other episodes of abuse.
- Testimony of Dr. Soriano-Biclar:
- Psychological evaluation revealed psychological trauma, feelings of rejection, helplessness, timidity, and fearfulness.
- Concluded the victim had the impression she would be raped or abused again due to petitioner’s actions.
- The defense waived its right to present evidence.
- Judicial Findings and Lower Court Decisions
- The Regional Trial Court (RTC) found the petitioner guilty beyond reasonable doubt of child abuse under Section 10(a) of RA 7610.
- The RTC imposed an indeterminate penalty of 4 years, 9 months, and 11 days to 8 years imprisonment, and ordered the petitioner to pay moral damages of PHP 30,000 plus 6% legal interest.
- The Court of Appeals (CA) affirmed the RTC’s findings and penalty after reviewing the evidence and giving credence to the victim’s fear and psychological evaluation.
- The CA denied the petitioner’s Motion for Reconsideration.
- Petition for Review
- Petitioner filed a Petition for Review on Certiorari before the Supreme Court alleging failure of the prosecution to prove all elements of child abuse, particularly arguing absence of intent to degrade or demean the child’s inherent dignity.
- The Office of the Solicitor General (OSG) countered, emphasizing that the petition raises questions of fact which are beyond the scope of Rule 45, and affirming the proven psychological trauma and abuse.
Issues:
- Whether petitioner XXX271940 is guilty of child abuse under Section 10(a) of Republic Act No. 7610.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)